The Avandia MDL judge nixed an Alabama state court ruling interpreting the MDL court’s pretrial order governing MDL common benefit fees.
Plaintiffs’ attorneys in Alabama wanted to end run paying the MDL common benefit fee because the clients executed an agreement tolling the statute of limitations. The theory: there should be no MDL fee because the lawsuits were filed and settled in Alabama, not in the MDL.
The MDL judge enjoined plaintiffs’ attorneys from pursuing a ruling on the issue in state court and held that “any order of the Alabama state court purporting to determine what constitutes a ‘cover claim’ or otherwise determining the meaning or application of PTO 70 is null and void and of no effect.”
No one is not on the steering committee enjoys paying the MDL fee. It is pretty easy to forget when you are collecting your fee just how much work has been done on your behalf by the MDL steering committee.