3rd Circuit Denies Thousands of Opt-Out Plaintiffs' Request to Remand

PHILADELPHIA - The 3rd Circuit Court of Appeals has denied thousands of Diet Drug opt-out plaintiffs their petitions for writ of mandamus to order the Judicial Panel on Multidistrict Litigation to remand their cases. In re: Yuvonne B. Wilson, et al. No. 05-4040; In re: Karen A. Briscoe, et al. No. 04-4086 (3rd Cir. Ct. App.); In re: Diet Drugs. MDL No. 1203 (E.D. Pa.).

In a May 15 opinion denying the petitions, the 3rd Circuit Court of Appeals said the plaintiffs failed to show that the Diet Drug MDL no longer serves its purpose.

"It is true, as petitioners …