Tuesday, December 13, 2005

Third Circuit Rejects Collateral Challenge, Says Diet Drug Issues Were Fully Litigated

Per BNA's Class Action Litigation Report (Volume 06 Number 23 December 9, 2005, Page 851):
"The U.S. Court of Appeals for the Third Circuit Nov. 30 rejected three collateral challenges to the diet drug class settlement, saying all three sets of claimants had a full and fair opportunity to be heard, and already raised and litigated the issues they sought to assert (In re Diet Drugs Product Liability Litigation, 3d Cir., No. 03-3401, 11/30/05)."

BNA subscribers can get the full story, which includes a good discussion of the differences between the Third and Second Circuits on this issue, by clicking here.


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