Sunday, March 21, 2010
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Nations Law Post

Gadolinium Status Conference

A large group status conference is scheduled for November 5, 2009 at 9 a.m. Eastern time in the Northern District of Ohio before MDL Judge Dan A. Polster. The agenda includes many important items, including discovery and expert testimony issues regarding bellwether and non-bellwether cases; pending motions; scheduling the bellwether trials; product identification updates; and status of federal/state court cooperation.

Posted November 2, 2009
By Cindy L. Nations

John O'Quinn

The renowned Plaintiffs’ trial lawyer John O’Quinn was tragically killed in a car accident yesterday morning. Mr. O’Quinn personified the Texas slogan, “Everything is bigger in Texas”. He was a big man with a big personality and when he did something, he did it in a big way. He made the headlines numerous times for winning multi-million dollar lawsuits and for making equally large donations to various organizations. He loved cars and over the years amassed an impressive collection of cars from around the world. His fascination with collecting cars was only surpassed by his passion for practicing law.

John O’Quinn was a great trial lawyer. He had a true desire to achieve justice for his clients. He understood the importance of the jury trial process and when he walked into a courtroom, he made his presence known. He was highly regarded by his colleagues, not only in Texas, but across the country. John O’Quinn inspired many lawyers, from law students to the most seasoned attorneys, with his style, his passion, and his love for the practice of law. He will be missed. Our thoughts and prayers are with his family and the family of his assistant, Johnny Cutliff, who also lost his life in this tragic accident.

Posted October 30, 2009
By Cindy Nations

Recent Ortho Evra Court Development

On October 20, 2009, the US District Court for the Northern District of Ohio conducted a status conference with lead counsel for Ortho Evra Products Liability Litigation MDL Docket number 1742. The previous dates (Doc. No. 377) regarding designation of cases regarding post label cases was modified as follows:

A. Designation of Post Label Cases
Each side is directed to designate eight (8) total cases for trial. Four (4) cases are to be designated involving the November 2005 label change and four (4) cases designated involving September 2006 label change. The categories of cases shall include (1) pulmonary embolism; (2) deep vein thrombosis; and (3) strokes. The designations to be made on or before November 16, 2009.
Thereafter, each side shall have the right to exercise four (4) strikes on or before November 30, 2009. Fact discovery is to be completed on or before February 12, 2010.

B. Trial Date
The selected post label cases will be scheduled for trial commencing June 14, 2010.

C. Improvidently Filed Cases
The Court reiterates reserving its right to impose monetary sanctions regarding those post label cases filed where there exists no evidence of use and/or an event medically related to Ortho Evra.

D. Next Status Conference
The Court will schedule another status conference with lead counsel on March 2, 2010 at 9:00 a.m. in Florida.

Posted October 23, 2009
By Chris Sbrusch