Personal Injury Law

Second Circuit Agrees To Review Weinstein's Zyprexa Class Certification

By James M. Beck and Mark Herrmann

The Second Circuit has granted Eli Lilly's petition under Rule 23(f) to review Judge Weinstein's decision certifying a class in the Zyprexa litigation.

Our earlier posts about Judge Weinstein's order are here and here.

The entire text of the Second Circuit's docket entry reads:

1/15/09 Order FILED GRANTING motion leave to Appeal 23(f) by Petitioner Eli Lilly and Company. Petitioner, through counsel, moves pursuant to Federal Rule of Civil Procedure 23(f) and 28 U.S.C. 1292(b) for leave to appeal the district court`s order granting plaintiffs` motion for class certification and also to appeal the district court`s order denying summary judgment incorporated therein by reference. Upon due consideration, it is hereby ordered that the petition is granted. The Clerk shall issue a scheduling order. Per PNL, JAC, DAL. Written by FP. [Entry date Jan 15 2009 ] [YV]

Full post as published by Drug and Device Law on January 16, 2009 (boomark / email).