Federal Court NuvaRing MDL Bellwether Trial Dates Pushed Back Several Times Previously; Perhaps It Will Be Late 2012
Judge Rodney Sippel's October 8, 2013 Order Rescheduling First NuvaRing MDL Trial
The trial date for the Prather case has been reset and will now be April 7, 2014.
UPDATE: The NuvaRing bellwether case trial in the New Jersey state court consolidated NuvaRing litigation which was scheduled to start on June 17, 2013 was CANCELLED due to adverse rulings made by New Jersey Judge Brian Martinotti in April 2013.
UPDATE: On March 5, 2013 Judge Martinotti moved the first New Jersey state court NuvaRing trial to June 17, 2013 at the request of the defense attorneys.
It is anticipated that, in turn, Judge Sippel will move back the start date for the first federal court NuvaRing MDL trial from July 2013 to August 2013.
The first NuvaRing lawsuit has been scheduled to start trial in February 2013 pursuant to In Re: NuvaRing Litigation Case Management Order (CMO) #19.
New Jersey state court Judge Brian Martinotti, who is presiding over the NJ Mass Tort for NuvaRing cases stated: "It is anticipated by the Court that all nine (9) [of the selected "bellwether", or test,] cases will be ready to be tried on February 4, 2013." There is no indicataion in CMO #19, however, as to what procedure will be used to select the one particular NuvRing case from this group of nine bellwether cases that will be the subject of this first NJ NuvaRing trial, nor was this issue addressed by Judge Martinotti at the February 27, 2012 Case Managment Conference.
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Over in the federal court system, Judge Rodney Sippel has not yet established a firm date for the first trial in the NuvaRing MDL litigation. As we reported back in December 2010, "NuvaRing Update: First Trial Dates In MDL And New Jersey Mass Tort Litigation Not Until 2012, Now", at one point a June 2011 date had been set for the first federal court NuvaRing bellwether trial but that date was moved back by Judge Sippel. And while then it seemed that the first trial might be scheduled for the first part of 2012, there have since been developments -- e.g., Plaintiffs now have until June 2012 to complete depositions of Defendants' case specific experts, to be followed by the so-called Daubert hearings concerning all experts, etc. -- such that it now appears the earliest possible date for the first NuvaRing MDL trial is late 2012.
To be sure, we will continue to monitor the New Jersey Mass Tort NuvaRing litigation as well as the federal court NuvaRing MDL for more developments pertaining to these all-important first trial dates.
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