Monday, December 11, 2006

Judge Weinstein proposes amending CAFA

In an order entered on Thursday, December 7, in the Zyprexa litigation, Judge Weinstein requested further briefing on a motion to remand. Along the way, he noted his frustration with the fact that the Class Action Fairness Act of 2005 allows removal only of certain class actions and mass actions, but not of all state court cases that might usefully be included in a federal MDL proceeding. In Judge Weinstein's words:

"It may be useful for Congress to consider expanding the Class Action Fairness Act from class actions to at least some national MDL, non-Rule 23, aggregate actions. As use of the class action device to aggregate claims has become more difficult, MDL consolidation has increased in importance as a means of achieving final, global resolution of mass national disputes. See Part II, supra. Much the same concerns which animated CAFA's preference for a single, federal forum apply to national MDL aggregate actions."

Here's a copy of Judge Weinstein's order in its entirety.

2 comments:

Danny Haszard said...

Zyprexa, which is used for the treatment of psychiatric disorders, such as schizophrenia and bipolar disorder, accounted for 32% of Eli Lilly's $14.6 billion revenue last year.

Zyprexa is the product name for Olanzapine,it is Lilly's top selling drug.It was approved by the FDA in 1996 ,an 'atypical' antipsychotic a newer class of drugs without the motor side effects of the older Thorazine.Zyprexa has been linked to causing diabetes and pancreatitis.

Did you know that Lilly made nearly $3 billion last year on diabetic meds, Actos,Humulin and Byetta?

Yes! They sell a drug that causes diabetes and then turn a profit on the drugs that treat the condition that they caused in the first place!

I was prescribed Zyprexa from 1996 until 2000.

In early 2000 i was shocked to have an A1C test result of 13.9 (normal is 4-6) I have no history of diabetes in my family.

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Daniel Haszard

Beck/Herrmann said...

How fat are you?