Significant MDL926 Orders and Other Materials

Last updated: April 1, 2000

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Order No. 61 

            Dated June 23, 2000. By this order the court has directed parties and counsel to confer and submit updated information regarding names, addresses, etc. and a plan for completing proceedings in the Northern District of Alabama in a timely fashion. To view, print, or download the Order, click on PDF or on the title of the order. 

Order No. 60A
Dated May 30, 2000, remanding (after JPMDL order) 13 cases to Transferor Courts subject to conditions stated in the order. To view, print, or download the Order, click on PDF or on the title of the order. You will need to install the Acrobat Reader plug-in on your browser. It is available as a free download at www.adobe.com
 
Order No. 60
Dated April 1, 2000, recommending to Judicial Panel on Multidistrict Litigation that it order the remand back to the transferor court of 13 listed cases To download Order, click RTF or WordPerfect format.
 
Order No. 59B
Dated March 13, 2000, remanding (after JPMDL order) 66 cases to Transferor Courts subject to conditions stated in order. To download Order, click RTF or WordPerfect format.   Subsequent motions, stipulations, etc. in those cases should be filed in the Transferor Courts (not in ALN).
 
Order No. 59A
Dated March 8, 2000, withdrawing earlier suggestion of remand with respect to 4 cases on Order 59. To download Order, click RTF or WordPerfect format.
 
Order No. 59
Dated February 7, 2000, recommending to Judicial Panel on Multidistrict Litigation that it order the remand back to the transferor court of 70 listed cases To download Order, click RTF or WordPerfect format.
 
Order No. 55B (Remand to Federal Transferor Courts)
Dated January 28, 2000, remanding (after JPMDL order) 61 cases to Transferor Courts subject to conditions stated in order.To download Order, click RTF or WordPerfect format.   Subsequent motions, stipulations, etc. in those cases should be filed in the Transferor Courts (not in ALN).
 
Order No. 13A (Modifying Amount of Common Benefit Fund Assessment)
Dated December 28, 1999, reduces common benfit fund asssessment rate on "opt-out" settlements to 4% of gross monetary recovery effective 1/1/2000, and provides for refund to implant recipients and/or their attorneys amounts assessed in excess of the 4% rate.  To download Order, click RTF or WordPerfect format.
 
Order No. 58 (Direction to File Status Report)
Dated December 23, 1999, directing parties to file by 1/31/2000 in judge's office (not the Clerk's office) a status report on some 90+ pending cases not listed in Order 57 .  To download Order, click RTF or WordPerfect format.
 
Order No. 57 (Direction to File Status Report)
Dated December 23, 1999, directng parties to file by 1/31/2000 in judge's office (not the Clerk's office) a status report on some 200+ cases in which the parties had earlier indicated settlements were pending.  To download Order, click RTF or WordPerfect format.
 
Order No. 56 (Stipulation to Avoid JPMDL Transfer)
Dated December 16, 1999, approving a form stipulation that parties can enter, avoiding the need for further transfer of cases to USDC ALN under the MDL procedures.  To download Order, click RTF or WordPerfect format.
Order No. 55
Dated December 16, 1999, recommending to Judicial Panel on Multidistrict Litigation that it order the remand back to the transferor court of 65 listed cases To download Order, click RTF or WordPerfect format.
Order No. 52D
Dated December 16, 1999, closing 418 listed cases pursuant to Order 52C.  The order preserves the rights of plaintiffs against Dow Corning and Dow Chemical (as may be authorized by the Eastern District of Michigan), as well as rights as participants under the RSP, FSP, and Inamed settlement plans. To download Order, click RTF or WordPerfect format.
Order No. 52C
Dated November 12, 1999, requiring plaintiffs in 460+ listed cases to file with ALN Clerk a status report by 12/15/99. To download Order, click RTF or WordPerfect format.
 
Order No. 54C
Dated November 2, 1999, remanding (after JPMDL order) 42 cases to Transferor Courts subject to conditions stated in order.To download Order, click RTF or WordPerfect format.
 
Order No. 54A
Dated September 28, 1999, suggesting to Judicial Panel for Multidistrict Litigation the remand to federal transferor courts of 42 cases. Parties are requested to immediately notify USDC ALN if there are any corrections, e.g., that a case has been settled or that the only listed claims are against RSP settling defendants and the plaintiff(s) are participants under the RSP. To download Order 54A, click RTF or WordPerfect format.
 
Order No. 53B
Dated September 28, 1999, remanding (after JPMDL order) 468 cases to Transferor Courts subject to conditions stated in order.To download Order, click RTF or WordPerfect format.
 
Order No. 52B
Dated September 25, 1999, dismissing/administratively closing 113 cases pursuant to Order 52A.  To download Order 52B, click RTF or WordPerfect format.
 
Order No. 54
Dated August 24, 1999, directing parties to show cause by September 24, 1999, why this court should not suggest to the Judicial Panel on Multidistrict Litigation the remand of 45 cases (not covered by Orders 50 and 53) to federal transferor courts under conditions specified in the order.  To download Order 54, click RTF or WordPerfect format.
 
Order No. 53A
Dated August 24, 1999, suggesting to Judicial Panel for Multidistrict Litigation the remand to federal transferor courts of 515 cases. Parties are requested to immediately notify USDC ALN if there are any corrections, e.g., that a case has been settled or that the only listed claims are against RSP settling defendants and the plaintiff(s) are participants under the RSP. To download Order 53A, click RTF or WordPerfect format.
 
Order No. 50D
Dated August 17, 1999, remanding (after JPMDL order) 37 cases to Transferor Courts subject to conditions stated in order.To download Order, click RTF or WordPerfect format.
 
Order No. 52A
Dated August 12, 1999, directing plaintiffs' attorney in 150+ cases to show cause by September 13, 1999, why llisted cases should not be dismissed/administratively closed on terms provided in order.  These are some of the cases that were contained on Order 52 for which the court has not received status reports (that were due May 15, 1999).  To download Order, click RTF or WordPerfect format.
 
Order No 47B
Dated July 7, 1999, approving a distribution plan for Inamed Settlement Funds (equal pro rata distribution).  To download Order 47B, click RTF or WordPerfect format. IMPORTANT REMINDER TO INAMED CLASS MEMBERS: you must return a completed Claim Form in time to be received by the Claims Office by October 1, 1999.  Late submissions--regardless of the reason--will not be accepted.  If you have misplaced or didn't get a Claim Form, you can download a copy by clicking on  RTF or WordPerfect format.
 
Order (Unnumbered)
Dated June 21, 1999, denying fees of A. Gill Dyer and H. Thomas Murphy in cases that were pending in this court in July-November 1998 and limiting any claims by them for expenses to amounts listed in their report of August 21, 1998.  To download Order, click RTF or WordPerfect format.
 
Order (Unnumbered)
Dated June 11 1999, addressing and clarifying issues that can arise in disputes between attorneys and clients in how to charge attorneys expenses and fees between the attorney and client in opt-out settlements subject to 6% special assessment under Order 13 .  To download Order, click RTF or WordPerfect format.
Order No. 53
Dated June 9, 1999, directing parties to show cause by August 24, 1999, why this court should not suggest to the Judicial Panel on Multidistrict Litigation the remand of 681 cases (not covered by Order 50) to federal transferor courts under conditions specified in the order.  To download Order 53, click RTF or WordPerfect format.
Order No. 25A
Dated June 9, 1999, setting for evidentiary hearing on Tuesday, July 20, 1999, cases with claims against Koken. (Koken denies that it is subject to personal jurisdiction.) To download Order 25A, click  RTF or WordPerfect format.
 
Inamed Settlement Update and Claim Form
Posted May 25, 1999, advising of terms and rationale for tentataive Inamed Settlement Distribution Plan, time for alternative suggestions and hearing, and Claim Forms.  To view, click Inamed Settlement
 
Order No. 50B
Dated April 27, 1999, remanding 55 cases to Transferor Courts per CRO5 under conditions specified in the order. To download Order 50B, click  RTF or WordPerfect format.   Note: a number of cases earlier suggested by ALN for potential remand under Order 50A remain pending before the Judicial Panel on Multidistrict Litigation as a result of oppositions to remand having been filed.
 
Order No. 31L
Dated April 25, 1999, denying plaintiffs' motion to vacate appointment of Dr. Tugwell as court-appointed expert.  This order sets out the court's findings and reasons, which had been orally announced April 19, 1999. To download Order 31L, click  RTF or WordPerfect format.
 
Order No. 52
Dated March 12, 1999, directing plaintiffs' attorneys in some 4,000+ listed cases to send to SCP (not to the Clerk of the court) by May 14, 1999, brief reports regarding the status (including listing of "active defendants") of those cases. To download Order 52, click  RTF or WordPerfect format. (NOTE: during the 3/12/99 to 5/14/99 period, some of these cases will be closed by stipulations, agreed-dismissal orders, etc., as to which a report is not needed. The court anticpates that periodically during this period it will post revised appendices to order 52, deleting closed cases and showing updated information as to plaintiffs' attorneys.   (NOTE:  Appendix revised as of 3/31/99) Counsel can also jump to the "Cases" listings for information regarding which cases are shown by ALN as closed.)
 
Order No. 31K
Dated March 10, 1999, setting trial-perpetuation depositions of National Science Panelists for April 20-27, 1999, and establishing procedural protocol.  To download Order 31K, click  RTF or WordPerfect format.
 
Order No. 50A
Dated March 3, 1999, suggesting to Judicial Panel for Multidistrict Litigation the remand to federal transferor courts of 128 cases. Parties are requested to immediately notify USDC ALN if there are any corrections, e.g., that a case has been settled or that the only listed claims are against RSP settling defendants and the plaintiff(s) are participants under the RSP. To download Order 50A, click RTF or WordPerfect format.
 
Order No. 47A
Dated February 1, 1999, approving INAMED settlement. To download Order 47A, click RTF or WordPerfect format. To download INAMED's supplemental submission regarding satisfaction/waiver of "3M condition and modification/clarification of release of individuals listed as Released Parties, click RTF or WordPerfect format; to download the supporting declaration, click RTF or WordPerfect format.   Next step will be to determine a plan for distribution of the settlement funds (assuming no delay from an appeal). Class members will be given an opportunity to make suggestions on how funds may most equitable and economically be distributed before plan is adopted.
 
Order No. 48B
Dated January 26, 1999, remanding 3,055 cases to federal transferor courts per CRO5 under conditions specified in the order.  To download Order 48B (this is a large file), click RTF or WordPerfect format.
 
Order No. 51 and 51A
Dated January 18, 1999, set for status/scheduling conferences several hundred non-EFILE cases that were originally filed in ALN, or removed to ALN from Alabama state courts, or transferred to ALN from other federal courts under 28 USC 1404 (rather than through JPMDL).  To download Order 51, click RTF or WordPerfect format.   Order 51A sets ALN EFILE cases for status/scheduling conferences; to download Order 51A, click RTF or WordPerfect format
 
Order No. 50
Dated January 14, 1999, directing parties to show cause by March 1, 1999, why this court should not suggest to the Judicial Panel on Multidistrict Litigation the remand of 128 cases (not covered by Order 48) to federal transferor courts under conditions specified in the order.  To download Order 50, click RTF or WordPerfect format.
 
Order No. 31J
Dated January 8, 1999, setting discovery depositions of National Science Panelists for February 4-7, 1999.  To download Order 31J, click  RTF or WordPerfect format.
 
Order No. 49A
Dated December 28, 1998, remanding 22 cases to state courts.  To download Order 49A, click  RTF or WordPerfect format.
 
Order No. 31I
Dated December 21, 1998, establishing procedural protocol for "discovery" depositions of members of National Science Panel.  To download Order 31I, click  RTF or WordPerfect format.
 
Order No. 31H
Dated December 15, 1998, designating Ina B. Leonard as additional counsel to represent members of National Science Panel as they prepare for videotaped depositions of their testimony.  To download Order 31H, click  RTF or WordPerfect format.
 
Report of National Science Panel
Served on representatives of parties on November 30, 1998.  To view and/or download, jump to Report of National Science Panel.
Order No. 48A
Dated November 25, 1998, suggesting to Judicial Panel for Multidistrict Litigation the remand to federal transferor courts of 3000+ cases. Parties are requested to immediately notify USDC ALN if there are any corrections, e.g., that a case has been settled or that the only listed claims are against RSP settling defendants and the plaintiff(s) are participants under the RSP. To download Order 48A, click RTF or WordPerfect format.
Order No. 49
Dated November 9, 1998, directing parties to show cause by December 24, 1998, why this court should not remand to state courts 25 listed cases under conditions specified in the order.  To download Order 49, click RTF or WordPerfect format.
Order No. 44B
Dated October 26, 1998, dismissing/administratively closing some 12,000+ cases under conditions specified in the order.  To download Order 44B (these are large files), click RTF or WordPerfect format.
Order No. 48
Dated October 23, 1998, directing parties to show cause by November 24, 1998, why this court should not suggest to the Judicial Panel on Multidistrict Litigation the remand of some 3,000+ cases to federal transferor courts under conditions specified in the order.  To download Order 48 (these are large files), click RTF or WordPerfect format.
Order No. 47
Dated October 7, 1998, approving the form of notice to be sent to potential class members in the proposed mandatory class settlement with INAMED, McGhan Medical, and CUI.   A fairness hearing to consider whether this settlement should be approved will be held in Birmingham on January 11, 1999, and any objections or comments are to be sent to a special post office box postmarked no later than December 11, 1998. To view, download, or print a webpage-formatted version of of the notice, jump to Inamed Notice. To download Order 47 (without the copy of the Notice), click RTF or WordPerfect format.
Order (unnumbered)
Dated October 7, 1998, denying as untimely two motions for "relief" from Order No. 13 (imposing the 6% assessment to be paid to the common benefit fund), but then proceeding to discuss certain contentions made in the motion based on state laws regulating contingent fee contracts. This order addresses only certain laws in New York and New Jersey.  However, it is being placed on the webpage because there may be other states having similar laws. To download this order, click RTF or WordPerfect format.
Order No. 44A
Dated September 21, 1998, directing parties to show cause why some 12,000+ cases should not be dismissed and/or administratively closed under conditions specified in the order.   Parties have until October 23, 1998, to indicate which of these listed cases should not be so dismissed/closed. To download Order 44A (these are large files), click RTF or WordPerfect format. You may find it more convenient to use your webpage browser; to view, download, or print the appendix (and see a webpage-formatted version of Order 44A), jump to Order 44A. For updates on case status, jump to Cases.
Order No. 46
Dated September 16, 1998, granting summary judgment in favor of Petrarch Systems, Inc. and Huls America, Inc.. To download Order 46, click RTF or WordPerfect format.
 
Order No. 45
Dated June 26, 1998, approving Notice of Foreign Settlement Program and also providing parallel benefit option for domestic "Other Registrants" with Bristol, Baxter, or 3M implants. To download Order 45, click RTF or WordPerfect format.
 
Orders (unnumbered)
Dated June 22, 1998, establishing rules for ALN cases assigned to electronic filing system and designating 485 Breast Implant cases originally filed in (or directly removed from Alabama state courts to) ALN for electronic filing system. To download Order establishing EFILE rules, click RTF or WordPerfect format. To download Order designating cases for EFILE system, click RTF or WordPerfect format.
 
Order No. 42B
Dated June 2, 1998, remanding 376 cases to federal transferor courts pursuant to order 42A and to an order from the JPMDL dated May 29, 1998. To download Order 42B, click RTF or WordPerfect format.
 
Order (proposed Inamed/McGhan/CUI class settlement)
Dated June 2, 1998, provisionally certifying mandatory Inamed/McGhan/CUI settlement class, tentatively approving proposed class settlement, and temporarily staying all litigation against Inamed/McGhan/CUI and their affiliates. Assuming certain conditions are met, detailed notices regarding the settlement would be mailed to class members (probably in September 1998), followed by a hearing (probably in December 1998) to determine whether the settlement should be approved. Further details will be posted on this webpage in the coming weeks. To download this initial order, click RTF or WordPerfect format. To download the terms of the settlement agreement itself, click RTF or WordPerfect format.
 
Order No. 27M
Dated May 19, 1998, declaring McGhan Medical Corp. (a California corp.) and INAMED Corp. in default under RSP and appropriately modifying injunction against claims against such companies and their affiliated released parties respecting post 8/84 McGhan implants. To download the order, click RTF or WordPerfect format.
 
Order No. 27L
Dated May 19, 1998. Order 27L designates Judge Frank Andrews as court's representative in deciding appeals from the Claims Administrator under the RSP. To download the order, click RTF or WordPerfect format.
 
Order No. 41A and 42A
Dated April 14, 1998. Order 41A remands to state courts 106 cases that had been listed on Order 41--To download the order, click RTF or WordPerfect format. Order 42A is a suggestion to the Judicial Panel on Multidistrict Litigation, based on Order 42, that it remand 378 cases to federal "transferor" courts--To download the order, click RTF or WordPerfect format.
Order No. 44
Dated April 6, 1998, directing plaintiffs to respond by July 17, 1998 (to Judge Pointer, not to Clerk's Office) indicating which of 15,000+ possibly dormant cases should not be dismissed, but rather should be scheduled for remand to Transferor Courts. These are cases transferred by JPMDL prior to 1997 in which no motion to remand is pending. To download the order, click RTF or WordPerfect format. Because of its size, the appendix has been compressed into a self-expanding "*.exe" file--to download the appendix, click RTF or WordPerfect, and, after downloading, "run" the file to expand it in WordPerfect 5.1 or RTF format.
Service List
Most current (@ April 1998) list regarding service on national defendants and listing of defendants' national counsel. (Replaces Exhibit B referenced in Orders No. 5 and 9)
Download in RTF(45K) or WordPerfect(37K) format.
 
Order No. 43
Dated March 6, 1998, holding that the special statute of limitations for health-related claims against Alabama hospitals (and physicians) begins to run at, or shortly after, the date of implantations. To download, click RTF or WordPerfect format.
 
Order No. 30H
Dated March 2, 1998, reflecting that Baxter International Inc. has conceded personal jurisdiction in Mississippi (and not in Missouri, as incorrectly noted in two earlier orders). To download, click RTF or WordPerfect format.
 
Order No. 42
Dated February 19, 1998, directing parties to show cause by April 13, 1998, why 300+ listed cases should not be suggested to JPMDL for remand to federal Transferor Courts. To download, click RTF or WordPerfect format.
 
Order No. 41
Dated February 19, 1998, directing parties to show cause by April 13, 1998, why 100+ listed cases should not be remanded to state courts. To download, click RTF or WordPerfect format.
 
Order No. 40F
Dated February 17, 1998, remanding 607 cases to various USDC Transferor Courts. (These were cases to which an objection to remand was filed with the JPMDL, but later overruled by the Panel.) To download, click RTF or WordPerfect format.
 
Order No. 5A
Dated February 11, 1998, directing that service on Plaintiffs Liaison Counsel be made at their office (2008 Second Avenue North, The Singer Building, Birmingham, AL 35203) rather than at their law firms. To download, click RTF or WordPerfect format.
 
Order No. 40D
Dated December 2, 1997, remanding approximately 170 cases to various UDSC Transferor Courts. (These were cases to which no objection to remand was filed with the JPMDL.) To download, click RTF or WordPerfect format.
 
Order No. 40B
Dated November 21, 1997, suggesting JPMDL not remand 10 cases listed in the appendix to its CRO #3 and suggesting that Panel issue new CRO for remand of 4 cases not listed in the appendix to CRO #3. The primary reason for these suggestions is that CRO #3 contained the appendix from Order No. 40 rather than from Order No. 40A. To download Order No. 40B, click RTF or WordPerfect6.0 format.
 
Order No. 40A (and Opinion No. 40A)
Dated October 17, 1997, recommending to JPMDL the remand (subject to specified conditions) of 775 cases to federal transferor courts pursuant to Order No. 40 and after considering objections. To download order suggesting remand, click RTF (85K) or WordPerfec6.0 (94K) format. To download Opinion No. 40A, click RTF (9K) or WordPerfect6.0 (10K) format.
 
Order No. 39A (and Opinion No. 39A)
Dated October 14, 1997, remanding (subject to specified conditions) 832 cases to state courts pursuant to Order No. 39 and after considering objections. To download remand order, click RTF (119K) or WordPerfec6.0 (151K) format. To download Opinion No. 39A, click RTF (13K) or WordPerfect6.0 (12K) format.
 
Order No. 40
Dated August 29, 1997, directing affected parties to show cause to ALN (by October 13, 1997) why some 780 cases should not be suggested to Judicial Panel on Multidistrict Litigation for remand to federal transferor courtsunder conditions specified in the order. To download, click RTF (85K) or WordPerfect6.0 (94K) format.
 
Order No. 39
Dated August 26, 1997, directing affected parties to show cause (by October 6, 1997) why some 840 cases should not be remanded to state courts under conditions specified in the order. To download, click RTF (118K) or WordPerfect6.0 (78K) format.
 
Order No. 38
Dated August 22, 1997, granting, on reconsideration, General Electric's motion for summary judgment with respect to all claims against it in all cases. Certified as a final judgment under Rule 54(b). To download, click RTF (44K) or WordPerfect6.0 (42K) format.
 
Order No. 37
Dated August 22, 1997, granting Union Carbide's motion for partial summary judgment with respect to claims against it in all casess (other than those based on its 1990-1992 ownership of McGhan Nusil). Certified as a fnal judgment on such claims under Rule 54(b). To download, click RTF (52K) or WordPerfect6.0 (47K) format
 
Order (unnumbered)
Dated August 7, 1997, denying (without prejudice to resubmission in MIE) motions by Dow Chemical for summary judgment or for certification under 28 U.S.C. 1292(b) of denial of summary judgment. To download, click RTF (5K) or WordPerfect (3K) format. Denial does not indicate any consideration of merits, only that motions now are appropriately to be decided in MIE.
 
Order No. 27K.
Dated July 21, 1997, vacating (effective September 1, 1997) the injunction that precluded the Settling Defendants from engaging in certain settlement discussions, and directing Special Master McGovern to proceed with planning towards establishment of a plan for voluntary mediation. To download, click RTF (3K) or WordPerfect (3K) format.
 
Bibliography for National Science Panel (Supplement and Special Listings)
To download a listing of additional resource materials submitted to National Science Panel after the initial submission, click biblsupp. To download a listing of resource materials to which the Panelists have been asked by the parties to give special attention, click biblspec. WARNING: these are large self-extracting files (109K and 68K) that, when expanded, will produce even larger (429K and 219K) WordPerfect 6.0 files. For further information regarding the initial bibliography, see below.
 
Order No. 34A.
Dated June 6, 1997, remanding 435 cases to state courts upon stipulated conditions (and after severing any claims against Dow Chemical). To download, click RTF(63K) or WordPerfect(63K) format.
 
Order No. 30G.
Dated May 20, 1997, to be entered in all affected cases, clarifying that claims against variouis defendants have been dismissed with prejudice as a result of prior summary judgment orders entered under Rule 54(b) or as a result of Bioplasty's bankruptcy. To download, click RTF(5K) or WordPerfect(4K) format.
 
Order No. 36A.
Dated May 9, 1997, providing additional instructions relating to disclosure of certain information regarding "on going" studies. To download, click RTF(4K) or WordPerfect(2K) format.
 
Order by Court of Appeals for Sixth Circuit.
Dated May 8, 1997, granting writ of mandamus relating to transfer of claims against Dow Chemical and Corning to Eastern District of Michigan. See In re Dow Corning Corp., 1997 FED App. 0150P (6th Cir.). Copy not posted on this Webpage.
 
Order by USDC MIE regarding proof of claims in Dow bankruptcy
Dated January 17, 1977. Judge Hood rules that registrations in orginal Global Settlement that identified Dow Corning as manufacturer or supplier will be treated as timely-filed informal proof of claims in Dow bankruptcy. Copies of opinion and order should be requested from USDC MIE.
 
Order No. 35B.
Dated January 17, 1997, reopening certain cases that had been erroneously dismissed as "duplicates". To download, click RTF(5K) or WordPerfect(3K) format.
 
Notice Regarding FOIA Requests.
Dated January 16, 1997, noting inapplicability of Freedom of Information Act, but explaining where to locate summary information regarding claims and opt-outs. To view, click FOIA.
 
Order No. 31F
Entered January 13, 1997, confirming appointment of John M Kobayashi as special counsel to members of National Science Panel. To download, click RTF(6K) or WordPerfect(5K) format.
 
Order No. 27I
Entered December 27, 1996, to facilitate processing of current disease compensation claims under Revised Settlement Program by dispensing with requirement for two separate reviews of each approved claim. Second reviews to be conducted only to extent Claims Administrator believes appropriate for quality control or because of nature of claim or supporting documentation. To download, click RTF(3K) or WordPerfect(4K) format.
 
Bibliography for National Science Panel
Listing of resource materials provided to National Science Panel. WARNING: this is a large self-extracting file (497K) that, when expanded, will produce an even larger (2425K)WordPerfect 6.0 file, describing the materials provided to National Science Panel. To download this compressed file, click bibl.
 
Order USDC Oregon (Jones, J.)
Entered December 18, 1996, by USDJ Robert Jones, precluding under Daubert (at least for time being) the testimony of various experts proposed to be offered by plaintiffs in Oregon federal court. To download this order/opinion, click RTF(140K) or WordPerfect(121K) format. Please note: this is not a decision by USDC ALN in MDL-926--it is provided on this WebPage because of widespread interest.
 
Revised Settlement Program for Foreign Claimants
Entered December 13, 1996, approving settlement program from Bristol, Baxter, and 3M, offering benefits in settlement of claims of eligible foreign "Current Claimants" that essentially mirrors (except for rupture supplements and Long-Term benefit options) benefits offered to domestic claimants and that, for other eligible foreign registratrants, provides for payments by settling defedants into a fund with an allocation as yet undefined but with funding obligations equivalent to the average amount provided to participatnts under Ontario/Quebec class action settlement. Program envisions further implementation of details, including notice to eligible foreign registrants and with options after notice to "opt out". Foreign Registrants are requested not to seek additional information at this time; they will be provided details later. To download the court's order and the Statement of Principles, click RTF(18K) or WordPerfect(17K) format.
 
Appendices to Document Stipulation
For more information, click Appendices.
 
Orders No. 33B (Mentor) and 33C (Bioplasty)
Entered December 10, 1996, authorizing certain charges against Mentor and Bioplasty settlement funds, and fixing amounts to be repaid by PSC to such funds. Download Order 33B in RTF(3K) or WordPerfect(3K) format; download Order 33C in RTF(12K) or WordPerfect(9K) format.
 
Order No. 36
Entered November 27, 1996, prescribing obligations of parties with respect to "Ongoing Studies." Download in RTF(11K) or WordPerfect(10K) format.
 
Order No. 31E
Entered October 31, 1996, providing directions to National Science Panel after conference on 10/24-25/96. Download in RTF(11K) or WordPerfect(7K) format.
 
Order No. 30F
Entered October 31, 1996, addressing requests to join additional opt-out plaintiffs after remand to state or federal court. Download in RTF(4K) or WordPerfect(4K) format.
 
Order No. 9A
Entered October 31, 1996, calling for informational copies of pleadings, motions, and other paper affecting health-care providers to be sent to John Fitzpatrick. Download in RTF(3K) or WordPerfect(3K) format.
 
Order Regarding 3M's Privilege Claims
Entered October 21, 1996, upholding 3M's claim of privilege with respect to "joint defense" documents. Download in RTF(8K) or WordPerfect(8K) format.
 
Order No. 35A
Entered October 16, 1996, dismissing without prejudice some 2,000 cases as duplicates. Download in RTF(171K) or WordPerfect(154K) format.
 
Order No. 31D
Entered September 17, 1996, appointing Dr. Nancy I. Kerkvliet of Oregon State University as fourth member of national Science Panel. Also directs litigants (including implant recipients) NOT TO COMMUNICATE (without prior court approval) with any of four members of panel regarding breast-implant matters, whether by telephone, by mail, by E-Mail, or by other means. Download in or RTF(4K) or WordPerfect(4K) format.
 
Order No. 32A
Entered September 12, 1996, directing attorneys who want to file claims for "common benefit" fees or expenses to register with Special Master Frank Andrews by November 15, 1996. Registration Form is attached to order. Download in RTF(5K) or WordPerfect(5K) format.
 
Order No. 35
Entered August 23, 1996, directing parties to show cause by 10/11/96 why certain cases should not be treated as duplicate filings, with duplicates then being dismissed without prejudice. Download in RTF(408K) or WordPerfect(405K) format.
 
Order No. 31C
Entered August 23, 1996, appointing 3 members of national Science Panel. Download in RTF(6K) or WordPerfect(5K) format.
 
Order No. 30E
Entered August 20, 1996, amending Appendix E to Order No. 30. Provides guidelines for conducting trial perpetuation depositions of nationally-retained experts.
Download in RTF(6K) or WordPerfect(5K) format.
 
Order No. 34
Entered August 13, 1996, directing parties to show cause by 9/24/96 why listed cases should not be remanded to state courts, subject to certain conditions.
Download in RTF(84K) or WordPerfect(69K) format.
 
Notice and Claim Form.
For Mentor and Bioplasty settlement funds, as tentatively approved by Order No. 33.
Download in RTF(58K) or WordPerfect(42K) format.
 
Order No. 33
Entered July 26, 1996, tentatively approving distribution plan for Mentor and Bioplasty settlement funds.
Download in RTF(5K) or WordPerfect(4K) format.
 
 
Order No. 32
Entered June 13, 1996, appointing Judge Frank Andrews as Special Master to advise regarding application for payment of "common benefit expenses" from fund established under Order No. 13.
Download in RTF(5K) or WordPerfect(4K) format.
 
Order No. 31B
Entered June 13, 1996, confirming Order No. 31, regarding appointment of national Science Panel under Rule 706.
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Stipulation
Regarding admissibility of documents produced by defendants, filed 6/11/96. (Voluminous appendices to stipulation not included)
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Order No. 31A
Modifying criteria for party-designated rheumatologists under Order No. 31
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Order No. 31
Entered May 31, 1996, directing parties to show cause why national Science Panel should not be appointed under Fed. R. Evid. 706 (and establishing preliminary procedures, including appointment of 6-person Selection Panel).
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Order
Entered May 16, 1996, easing some of eligibility and documentation requirements for benefits under Revised Settlement Program
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Service List
Most current (@ May 1996) list regarding service on national defendants and listing of defendants' national counsel. (Replaces Exhibit B referenced in Orders No. 5 and 9)
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Order No. 30
Pretrial and Revised Case Management Order entered March 25, 1996, with Appendix B entered April 2, 1996. Chronicles proceedings in MDL 926 and establishes procedures affecting cases remanded from USDC ALN to other federal and state courts.
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Order
Denying General Electric's Motion for summary judgment; entered March 20, 1996
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Order No. 28
Denying Dow Chemical's Motion to Reconsider; entered December 26, 1995
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Order No. 27A
Supplemental items relating to Revised Settlement Program, including listing of brand names; filed December 29, 1995
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Notice
Notice package and forms for Revised Settlement Program
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Order No. 27
Approving Revised Settlement Program, with injunctions; entered December 22, 1995
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Order No. 26
Declaring Opt-out Rights and Procedures; entered October 10, 1995
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Order No. 25
Denying Koken's Motion to Dismiss; entered August 10, 1995
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Order No. 24
Granting Surgitek, Inc. and Cabot Medical Corp. summary judgment; entered August 9, 1995
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Opinion
Granting certain Forum Non Conveniens motions; entered April 25, 1995
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Order
Entered April 25, 1995, denying Dow Chemical summary judgment and granting Corning summary judgment
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Order
Denying Bristol-Myers Squibb summary judgment; entered April 25, 1995
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Order
Granting Scotfoam summary judgment; entered April 25, 1995
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Order
Opinion and Final Judgment approving Global Settlement; entered September 1, 1994
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Order No. 19
Confidentiality of class membership information; entered June 7, 1994
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Order
Denying Baxter's Motion to Dismiss; entered November 29, 1993
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Order No. 14
Order Approving Mentor Settlement; entered September 10, 1993
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Order No. 13
Establishing Plaintiffs' Litigation Expense Fund; entered July 23, 1993
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Order No. 11
Deposition Guidelines; entered June 30, 1993
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Order
Governing Expedited Discovery and The Taking of A Videotape Deposition for Preservation of Testimony for Trial; entered April 22, 1993
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Order No. 9
Modifying service lists, further modifying Order No. 8, and miscellaneous other matters; entered January 11, 1993. (Does not include the service list.)
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Order
Modifying Order No. 8; entered November 9, 1992
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Order No. 8
Restrictions on direct communications by defendants with class members; entered October 16, 1992
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Order No. 7
Modification/Clarification of Order No.5; entered October 6, 1992
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Order No. 6
Requiring production of certain Baxter documents; entered September 25,1992
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Order No. 5
Revised Case Management Order; entered September 15, 1992, but without Exhibit B (Service List). Superseded in many respects by later orders, particularly Order No. 30, but parts still significant, such as use of master complaints and master answers.
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Order No. 3
Extension of Opt-Out period for Dante class; entered September 8, 1992
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Order No. 2
Designation of Liaison Counsel; entered August 24, 1992
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Order No. 1
Initial Case Management Order; entered June 26, 1992. Largely outdated but of interest for background of MDL 926 organization.
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