Weeks et al v. Wyeth, Inc. et al

Filing 108

ORDER re 97 MOTION to Certify Controlling Question to the Supreme Court of Alabama filed by Wyeth, Inc., Schwarz Pharma, Inc., Pfizer, Inc. It is hereby ORDERED that the parties are to resubmit proposed questions for certification by8/12/2011. It i s strongly suggested that the questions be submitted jointly. However, if the parties cannot come up with a joint question, each side will be expected to submit proposed questions for certification. Signed by Honorable Judge Mark E. Fuller on 7/29/2011. (dmn)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
DANNY WEEKS, et al.,
PLAINTIFFS,
v.
WYETH, INC., et al.,
DEFENDANTS

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CASE NO. 1:10-cv-602-MEF

(WO)

ORDER
This cause is before the Court on Defendants Wyeth LLC, Pfizer Inc., and
Schwarz Pharma Inc.’s (collectively “Brand Name Defendants”) Motion to Certify
Controlling Question to the Supreme Court of Alabama, filed May 31, 2011. (Doc. #
97). The Court heard oral argument on this motion on July 6, 2011. After considering
the parties’ submissions and the argument heard, it is the opinion of this Court that this
case involves determinative questions of law on which there is no clear controlling
precedent from the Alabama Supreme Court. Accordingly, the undersigned finds that it
is appropriate to certify those determinative questions of law to the Alabama Supreme
Court pursuant to Alabama Rule of Appellate Procedure 18.
However, the proposed question submitted by the brand name defendants is too
broad and does not encompass the nuances involved in this case. Accordingly, it is
hereby ORDERED that the parties are to resubmit proposed questions for certification by
August 12, 2011. It is strongly suggested that the questions be submitted jointly.

However, if the parties cannot come up with a joint question, each side will be expected
to submit proposed questions for certification.
th

Done this the 29 day of July, 2011.

/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE

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