Fleeger v. Wyeth et al

Filing 21

CERTIFICATION ORDER, purs to Minnesota Statutes Section 480.065, subdivisions 5 and 6, this Court certifies to the Supreme Court of Minnesota a question of law that may be determinative of this case. The Clerk is hereby directed to forward this Order to the Supreme Court of Minnesota under his official seal.. Signed by Judge William R. Wilson, Jr on 12/01/08. (mkf) (Additional attachment(s) added on 12/1/2008: # 1 Exhibit 1) (thd).

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION In re: PREMPRO PRODUCTS LIABILITY LITIGATION RACHEL FLEEGER v. WYETH, et al. : : : : : : : : : : : MDL Docket No. 4:03CV01507-WRW 4:07CV00506-WRW PLAINTIFF DEFENDANTS CERTIFICATION ORDER I. INTRODUCTION Based on Minnesota Statutes Section 480.065, subdivisions 5 and 6, the Court certifies the following question of law to be forwarded to the Supreme Court of Minnesota: Should a Minnesota court apply the Minnesota statute of limitations to the personal injury claims of a non-Minnesota resident, where the events giving rise to the claims did not occur in Minnesota but took place before August 1, 2004? The Supreme Court of Minnesota, acting as the receiving court, may reformulate the above legal question.1 II. STATEMENT OF FACTS 1. Pennsylvania. 2. Defendant Wyeth is and was a Delaware corporation with its principal place of Plaintiff Rachel Fleeger is and was at all relevant times a resident and citizen of business in New Jersey. 1 Minn. Stat. 480.065(6)(a)(3). 1 3. Defendant Greenstone Ltd. (n/k/a Greenstone LLC) ("Greenstone") is currently a Delaware limited liability company with its principal place of business in New Jersey. At the time that Plaintiff allegedly was treated with Greenstone's medication, Greenstone's principal place of business was in Michigan. 4. 5. For purposes of this motion, personal jurisdiction and venue are not at issue. Plaintiff was prescribed and treated with two Wyeth medications, Premarin, and Prempro, from 1995 to 2001 in Pennsylvania. 6. Plaintiff was prescribed and treated with generic medroxyprogesterone, a medication that she alleges was manufactured and distributed by Greenstone, from 1995 to 1996 in Pennsylvania. 7. Plaintiff's prescribing and treating physicians, as well as the pharmacy at which she filled prescriptions for the medications are all located in Pennsylvania. 8. Plaintiff was diagnosed with breast cancer on April 10, 2001. The diagnosis and all subsequent treatment occurred in Pennsylvania. 9. Plaintiff filed a complaint in the United States District Court for the District of Minnesota on April 6, 2007. A copy of the complaint is attached as Exhibit 1. 10. The complaint asserts claims against Wyeth and Greenstone for negligence, strict liability: design defect, strict liability: failure to warn, and breach of implied warranty based on her allegations that she was injured due to her treatment with hormone therapy medications manufactured and distributed by defendants. Specifically, Plaintiff alleges that her breast cancer was caused by her treatment with Premarin, Prempro, and medroxyprogesterone. 11. The case was transferred to MDL 1507 pursuant to 28 U.S.C. 1407. 2 12. All of Plaintiff's claims would be barred by the Pennsylvania statute of limitations but not by the Minnesota statute of limitations.2 13. Approximately 4,000 non-resident plaintiffs in In re Prempro MDL 1507, have filed cases in Minnesota. III. NAMES AND ADDRESSES OF COUNSEL FOR THE PARTIES Plaintiff is represented by: David M. Langevin Rhett McSweeney McSWEENEY & FAY, PLLP 2116 2nd Avenue S. Minneapolis, MN 55404 (612) 333-6900 Defendant Wyeth is represented by: John W. Vardaman, Jr. Stephen L. Urbanczyk F. Lane Heard III WILLIAMS & CONNOLLY LLP 725 12th Street, N.W. Washington, DC 20005-5901 (202) 434-5000 Edward F. Fox Carrie L Hund BASSFORD REMELE, P.A. Multifoods Tower 33 South Sixth Street, Suite 3800 Minneapolis, MN 55402-3707 (612) 333-3000 Lyn P. Pruitt MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, P.L.L.C. 425 West Capitol Avenue, Suite 1800 Little Rock, AR 72201-3525 (501) 688-8800 Martin D. Crump DAVIS AND FEDER, P.A. Fifteenth Place 1712 15th St., Third Floor P.O. Drawer 6829 Gulfport, MS 39506 (228) 863-6000 2 42 Pa. Cons. Stat. 5524, Minn. Stat. 541.05. 3 Defendant Greenstone is represented by: Steven Glickstein William Hoffman Alan E. Rothman KAYE SCHOLER LLP 425 Park Avenue New York, NY 10022 (212) 836-8000 David P. Graham OPPENHEIMER WOLFF & DONNELLY LLP Plaza VII, Suite 3300 45 South Seventh Street Minneapolis, MN 55402-1609 (612)607-7000 CONCLUSION The Clerk of the Court for the United States District Court of the Eastern District of Arkansas is directed to forward this Certification Order to the Minnesota Supreme Court. IT IS SO ORDERED this 1st day of December, 2008. Elizabeth Robben Murray FRIDAY, ELDREDGE & CLARK, LLP 400 West Capitol Ave., Suite 2000 Little Rock, AR 72201 (501) 370-3333 /s/ Wm. R. Wilson, Jr.__________ UNITED STATES DISTRICT JUDGE 4

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