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IN RE EPHEDRA PRODUCTS LIABILITY LITIGATION

Nos. 04 MD 1598(JSR), 06 Civ. 538(JSR), 06 Civ. 539(JSR).

349 B.R. 333 (2006)

In re EPHEDRA PRODUCTS LIABILITY LITIGATION. In re Muscletech Research and Development Inc., et al.; Foreign Applicants in Foreign Proceedings. In re RSM Richter Inc., as Foreign Representative of Muscletech Research and Development Inc. and Its Subsidiaries, Plaintiff, v. Sharon Aguilar, an individual; et al., Defendants.

United States District Court, S.D. New York.

August 11, 2006.

Attorney(s) appearing for the Case

Daniel Joseph Guyder, Allen & Overy, LLP, New York, NY, for Muscletech Research and Development, Inc.

Ken Coleman, Allen & Overy LLP, New York, NY, Daniel Joseph Guyder, Allen & Overy, LLP, New York, NY, Barry Edward Newman, Spohrer Wilner, Maxwell, and Matthews, Jacksonville, FL, for Plaintiffs.

John D. Goldsmith, Tampa, FL, Angela L. Milch, Smith Mazure, New York City, NY, for Defendants.

OPINION AND ORDER

RAKOFF, District Judge.

Before the substance known as ephedra was banned by the U.S. Food and Drug Administration in 2004, a Canadian-based company named Muscletech Research and Development, Inc. (here referred to, along with its subsidiaries, as "Muscletech") marketed products containing ephedra in the United States. Some of the consumers suffered severe injuries, such as heart attacks and strokes, and eventually more than thirty...

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