Pfizer Says Dismissals from MDL's Discovery Pool Must be with Prejudice

SAN FRANCISCO - The federal Bextra/Celebrex MDL should prohibit cases selected into the court's discovery pool from being dismissed without prejudice, Pfizer Inc. has asserted in opposing a plaintiff's related motion, saying that the case must proceed through discovery or be dismissed with prejudice. In Re: Bextra and Celebrex Marketing, Sales Practices and Products Liability Litigation, MDL No. 1699; Backowski v. Monsanto Co., et al., No. 06-2086 (N.D. Calif.).

Pfizer's opposition brief, filed May 21 in the U.S. District Court for the Northern District of California, claims that Pfizer and other defendants have expended significant time and money in evaluating …