E.D. EX REL. DARCY v. PFIZER, INC.

Nos. 12-2188, 12-2189, 12-2190, 12-2191, 12-2193, 12-2194, 12-2195, 12-2197, 12-2199, 12-2205, 12-2207, 12-2208, 12-2218, 12-2219, 12-2220, 12-2221, 12-2223, 12-2224.

722 F.3d 574 (2013)

E.D., a minor by and through her mother and next friend; Denise DARCY, Plaintiffs-Appellees, v. PFIZER, INC.; Roerig, a division of Pfizer, Inc.; Greenstone, LLC, f/k/a Greenstone Ltd., Defendants-Appellants. J.C., a minor by and through his mother and next friend; Michelle Cook, Plaintiffs-Appellees, v. Pfizer, Inc.; Roerig, a division of Pfizer, Inc.; Greenstone, LLC, f/k/a Greenstone Ltd., Defendants-Appellants. D.B., a minor by and through his mother and next friend; Nina Brumfield, Plaintiffs-Appellees, v. Pfizer, Inc.; Roerig, a division of Pfizer, Inc.; Greenstone, LLC, f/k/a Greenstone Ltd., Defendants-Appellants. T.S., a minor by and through his mother and next friend; Dawn Skurry, Plaintiffs-Appellees, v. Pfizer, Inc.; Roerig, a division of Pfizer, Inc.; Greenstone, LLC, f/k/a Greenstone Ltd., Defendants-Appellants. C.S., a minor child by and through his mother and next friend; Kimberly Lancaster, Plaintiffs-Appellees, v. Pfizer, Inc.; Roerig, a division of Pfizer, Inc.; Greenstone, LLC, f/k/a Greenstone Ltd., Defendants-Appellants. K.W., a minor by and through her mother and next friend; Angel Wolkfertz, Plaintiffs-Appellees, v. Pfizer, Inc.; Roerig, a division of Pfizer, Inc.; Greenstone, LLC, f/k/a Greenstone Ltd., Defendants-Appellants. A.N., a minor by and through her mother and next friend; Heather Norfolk, Plaintiffs-Appellees, v. Pfizer, Inc.; Roerig, a division of Pfizer, Inc.; Greenstone, LLC, f/k/a Greenstone Ltd., Defendants-Appellants. J.E., a minor by and through his mother and next friend; Marlo Cheeks, Plaintiffs-Appellees, v. Pfizer, Inc.; Roerig, a division of Pfizer, Inc.; Greenstone, LLC, f/k/a Greenstone Ltd., Defendants-Appellants. D.M., a minor by and through his mother and next friend; Rebecca Mardorf, Plaintiffs-Appellees, v. Pfizer, Inc.; Roerig, a division of Pfizer, Inc.; Greenstone, LLC, f/k/a Greenstone Ltd., Defendants-Appellants. I.Z., a minor by and through his mother and next friend; Mary Masters, Plaintiffs-Appellees, v. Pfizer, Inc.; Roerig, a division of Pfizer, Inc.; Greenstone, LLC, f/k/a Greenstone Ltd., Defendants-Appellants. C.B., a minor by and through her mother and next friend; Lala Fields, Plaintiffs-Appellees, v. Pfizer, Inc.; Roerig, a division of Pfizer, Inc.; Greenstone, LLC, f/k/a Greenstone Ltd., Defendants-Appellants. M.M., a minor by and through her mother and next friend; Jeanette Maskill, Plaintiffs-Appellees, v. Pfizer, Inc.; Roerig, a division of Pfizer, Inc.; Greenstone, LLC, f/k/a Greenstone Ltd., Defendants-Appellants. J.S., a minor by and through his mother and next friend; Cindy Simpson-Durand, Plaintiffs-Appellees, v. Pfizer, Inc.; Roerig, a division of Pfizer, Inc.; Greenstone, LLC, f/k/a Greenstone Ltd., Defendants-Appellants. H.S., by and through her mother and next friend; Shannon Scalisi, Plaintiffs-Appellees, v. Pfizer, Inc.; Roerig, a division of Pfizer, Inc.; Greenstone, LLC, f/k/a Greenstone Ltd., Defendants-Appellants. L.V., a minor by and through his mother and next friend; Lorie Vinson, Plaintiffs-Appellees, v. Pfizer, Inc.; Roerig, a division of Pfizer, Inc.; Greenstone, LLC, f/k/a Greenstone Ltd., Defendants-Appellants. A.H., a minor by and through her mother and next friend; Heather Slabaugh, Plaintiffs-Appellees, v. Pfizer, Inc.; Roerig, a division of Pfizer, Inc.; Greenstone, LLC, f/k/a Greenstone Ltd., Defendants-Appellants. A.W., a minor child by and through his mother and next friend; Sheri Widner, Plaintiffs-Appellees, v. Pfizer, Inc.; Roerig, a division of Pfizer, Inc.; Greenstone, LLC, f/k/a Greenstone Ltd., Defendants-Appellants. H.C., a minor by and through her mother and next friend; Melissa Shroyer, Plaintiffs-Appellees, v. Pfizer, Inc.; Roerig, a division of Pfizer, Inc.; Greenstone, LLC, f/k/a Greenstone Ltd., Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: July 12, 2013.


Attorney(s) appearing for the Case

ARGUED: Mark Steven Cheffo , Quinn, Emanuel, Urquhart & Sullivan, LLP, New York, New York, for Appellants. Anthony J. Majestro , Powell & Majestro, PLLC, Charleston, West Virginia, for Appellees. ON BRIEF: Michael J. Farrell , Farrell, White & Legg PLLC, Huntington, West Virginia, for Appellants.

Dismissed by published opinion. Judge FLOYD wrote the opinion, in which Justice O'CONNOR and Judge THACKER joined.


FLOYD, Circuit Judge:

Appellants Pfizer Inc.; Roerig, a division of Pfizer; and Greenstone, LLC (collectively, the Pharmaceutical Companies), bring this appeal challenging the district court's decision to remand for lack of subject matter jurisdiction to the Circuit Court of Wayne County, West Virginia. Congress has sharply proscribed our ability to review a district court's remand order, and because none of the exceptions to this prohibition are present here, we...

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