No. 04 M.D. 1598 (JSR).

598 F.Supp.2d 535 (2009)

In re: EPHEDRA PRODUCTS LIABILITY LITIGATION. PERTAINS TO Giordano v. Market America Inc. et al., No. 05 Civ. 1018.

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

February 23, 2009.

Attorney(s) appearing for the Case

Martin Block, Esq., Sanders, Sanders, Block, Woycik, Viener & Grossman, P.C., Mineola, NY, for Plaintiff John Giordano.

Neil L. Coscio, Esq., Andrew Zajac, Esq., Fiedelman & McGaw, Jericho, NY, for defendant Market America, Inc.

Edward J. Stolarski, Jr., Esq., Post & Post, LLC, Berwin, PA, for defendant The Chemins Company, Inc.


JED S. RAKOFF, District Judge.

By Summary Order dated August 18, 2008, the Court of Appeals for the Second Circuit temporarily remanded this case for the limited purpose of ascertaining whether "there is a genuine issue of material fact as to whether sufficient scientific or medical evidence was reasonably available to Giordano such that he could have ascertained the cause of his injury

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