WAGERS v. SGL CARBON, LLC

Filing 24

ORDER THAT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS DENIED. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 4/6/11. 4/8/11 ENTERED AND COPIES E-MAILED.(mbh, )

WAGERS v. SGL CARBON, LLC

Doc. 24

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA PATRICIA WAGERS, Plaintiff, v. SGL CARBON, LLC, Defendant. : : : : : : : : : : :

CONSOLIDATED UNDER MDL 875

E.D. PA CIVIL ACTION NO. 2:10-02916

O R D E R AND NOW, this 6th day of April, 2011, it is hereby ORDERED that Defendant's Motion for Summary Judgment is DENIED. (doc. no. 12.)

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It is further ORDERED that the issue of whether Plaintiff should be entitled to punitive damages is DENIED as moot.1

AND IT IS SO ORDERED. /s/ Eduardo C. Robreno

EDUARDO C. ROBRENO, J.

This Court finds that the issue of punitive damages must be resolved at a future date with regard to the entire MDL875 action, and therefore any claims for punitive or exemplary damages are hereby SEVERED from this case and retained by the Court within its jurisdiction over MDL-875 in the Eastern District of Pennsylvania. See In re Collins, 233 F.3d 809, 810 (3d Cir. 2000) ("It is responsible public policy to give priority to compensatory claims over exemplary punitive damage windfalls; this prudent conservation more than vindicates the Panel's decision to withhold punitive damages on remand."); see also In re Roberts, 178 F.3d 18 (3d. Cir. 1999). 2

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