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IN RE DIET DRUGS PRODUCT LIABILITY LITIGATION

No. 12-1180.

706 F.3d 217 (2013)

In re DIET DRUGS (PHENTERMINE/FENFLURAMINE/DEXFEN-FLURAMINE) PRODUCT LIABILITY LITIGATION, Carmen Cauthen and Ricky Leon Cauthen, Appellants.

United States Court of Appeals, Third Circuit.

Filed: January 28, 2013.

Attorney(s) appearing for the Case

W. Steven Berman , Napoli Bern Ripka & Associates, Marlton, NJ, Paul J. Napoli , Napoli, Kaiser, Bern & Associates, Great River, NJ, Denise A. Rubin [Argued], Napoli, Bern, Ripka & Shkolnik, New York, NY, for Appellants.

Heidi L. Levine , DLA Piper LLP, Anand Agneshwar [Argued], Arnold & Porter LLP, New York, NY, Raymond M. Williams , DLA Piper LLP, Philadelphia, PA, Geoffrey J. Michael , Anna K. Thompson , Daniel S. Pariser , Arnold & Porter LLP, Washington, DC, for Appellees Wyeth LLC and Wyeth Pharmaceuticals Inc.

Michael D. Fishbein , Laurence S. Berman , Arnold Levin , Mary E. Gately , Levin, Fishbein, Sedran & Berman, Philadelphia, PA, Charles R. Parker , Houston, TX, for Class Counsel and Plaintiffs Liaison Counsel.

Jules S. Henshell , Semanoff, Ormsby, Greenberg & Torchia, Huntingdon Valley, PA, for AHP Settlement Trust.

Before: SCIRICA, FISHER, and JORDAN.

OPINION OF THE COURT

JORDAN, Circuit Judge.

In November 1999, Wyeth L.L.C. ("Wyeth") entered into a nationwide class action settlement agreement (the "Settlement Agreement") with the users of certain diet drugs linked to various health problems. The United States District Court for the Eastern District of Pennsylvania certified the settlement class and entered a pre-trial order enjoining members of the class from suing Wyeth for injuries related to those...

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