IN RE DIET DRUGS PRODUCTS LIAB. LITIGATION

No. 03-3401, 03-3402, 03-4465, 04-3661.

431 F.3d 141 (2005)

In re: DIET DRUGS (PHENTERMINE/FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION Clara Clark, Linda Smart and all other class members represented by Fleming & Associates, L.L.P., Appellants Hariton & D'Angelo, LLP and Napoli, Kaiser, Bern & Associates, LLP, on behalf of themselves, claimant James Axford and similarly situated class members represented by the Hariton and Napoli Firms whose claims are affected by Pretrial Order No. 2929, Appellants Shanne Webb-Cochran, Renai Kuykendall, Willa Sartin, Dawn Stewart and Joanne Valenti, on behalf of themselves and all other class members who have ingested fen-phen and who suffer, or will suffer, from elevated pulmonary hypertension not secondary to valvular heart disease, Appellants Doris Weller and Ellen Carey, whose claims are affected by Pretrial Order No. 3849, Appellants

United States Court of Appeals, Third Circuit.

Filed November 30, 2005.


Attorney(s) appearing for the Case

Thomas C. Goldstein, (Argued), Goldstein & Howe, Washington, D.C., Howard I. Langer, (Argued), Langer & Grogram, Philadelphia, PA, Sylvia Davidow, Fleming & Associates, Houston, TX, Mario D'Angelo, Hariton & D'Angelo, Great River, NY, Paul J. Napoli, Denise A. Rubin, Napoli, Kaiser, Bern & Associates, Great River, NY, for Appellants.

Robert D. Rosenbaum, (Argued), Arnold & Porter, Washington, DC, Peter L. Zimroth, Arnold & Porter, New York, NY, John J. Cummings, III, Cummings, Cummings & Dudenhefer, New Orleans, LA, Samuel Issacharoff, (Argued), New York University Law School, New York, NY, Michael D. Fishbein, (Argued), Fred S. Longer, Arnold Levin, Levin, Fishbein, Sedran & Berman, Philadelphia, PA, for Appellees.

Before ROTH, FUENTES and STAPLETON, Circuit Judges.


ROTH, Circuit Judge.

These appeals arise from the District Court's efforts to oversee the Nationwide Class Action Settlement Agreement in the multi-district (MDL) 1203 litigation between Wyeth1 and a class comprising former users of Wyeth's diet medications, fenfluramine and dexfenfluramine. This appeal is the consolidation of challenges by three different groups of Appellants, all claiming that they should not be bound by the Settlement...

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