Special Master Suggests Federal Privilege Law Govern MDL Discovery

SAN FRANCISCO - The special master for the federal Bextra and Celebrex MDL has recommended that common privilege issues be governed by federal privilege law, but that each party retain the right to re-open discovery, based on the privilege law of plaintiffs' originating district, at such time as the matter is remanded for trial. In Re: Bextra and Celebrex Marketing, Sales Practices and Product Liability Litigation, MDL No. 1699 (N.D. Calif.).

In a report filed July 24 in the U.S. District Court for the Northern District of California, Special Master Fern M. Smith said that this procedure will most fairly …