By Jordi C. Martínez-Cid
The Eleventh Circuit, specifically a panel composed of Judge Jordan, Judge Lagoa, and Judge Hernandez Covington (sitting by designation), heard oral argument on the appeal from Judge Rosenberg's 341-page summary judgment order in the Zantac multi-district litigation. The appeal deals with interesting issues of jurisdiction, preemption, the role of courts when evaluating scientific evidence, and esoteric MDL issues. Recording of the oral argument can be found
here. While most of the cases related to Zantac are pending or have been settled before State courts, the MDL in our district effects thousands of cases. Some observers, such as Courthouse News, suggest that the panel was sympathetic to the plaintiffs' arguments with regard to their challenges to the
Daubert rulings. Regardless of how the panel rules, it will likely be worth a read and will have far-reaching consequences.
341 pages is not an order, it's a book. And people wonder why we don't practice civil law. Who wants to spend their lives reading 341 page orders- not offense to Judge R who was obviously being thorough? And about Zantac no less- the western world's fix for stomach acid that afflicts the middle aged before their coronary and cardiac stents, which then start a new round of drugs. Talk about symptoms of illness- an ill legal system writing about drugs for an ill society. I'm going to spend my weekend doing something worthwhile- finding profitable parlays- not reading about SJ and Zantac.
ReplyDeleteYou may want to spend your weekend proofreading your website: "Legal Counsueling."
DeleteYour blog readers are so fussy about things like spelling. In the regjb we get down and dirty and spell check is for legal nerds.
Delete@Rumpole, don't pretend you're not a legal nerd!
DeleteLet us gather here, in thy comment section, and take a moment to mourn the poor law clerk who had to spend their entire clerkship drafting a 341 pager!!!
ReplyDeleteLmao. She took a page out of many an AUSA .... delay, delay, delay... get sick... get pregnant... go on military leave, transfer from the unit formerly known as Major Crimes/Division/Branch .. or resign before you have to deal with the case!
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