In re AH Robins Co., Inc., 211.

Citation438 F. Supp. 942
Decision Date17 October 1977
Docket NumberNo. 211.,211.
PartiesIn re A. H. ROBINS CO., INC. "Dalkon Shield" IUD Products Liability Litigation. Volovski, et al. v. A. H. Robins Co., Inc., D. New Jersey, C.A. No. 76-690 Kennedy, et al. v. A. H. Robins Co., Inc., D. New Jersey, C.A. No. 77-183 Martone, et al. v. A. H. Robins Co., Inc., S.D. Florida, C.A. No. 77-173-SMA.
CourtUnited States Judicial Panel on Multidistrict Litigation

Before JOHN MINOR WISDOM, Chairman, and EDWARD WEINFELD, EDWIN A. ROBSON, JOSEPH S. LORD, III, STANLEY A. WEIGEL, ANDREW A. CAFFREY and ROY W. HARPER, Judges of the Panel.

OPINION AND ORDER

PER CURIAM.

The Panel, pursuant to 28 U.S.C. § 1407, previously has transferred several actions in this litigation to the District of Kansas and, with the consent of that court, assigned them to the Honorable Frank G. Theis for coordinated or consolidated pretrial proceedings. In re A. H. Robins Co., Inc. "Dalkon Shield" IUD Products Liability Litigation, 406 F.Supp. 540 (Jud.Pan.Mult.Lit. 1975); 419 F.Supp. 710 (Jud.Pan.Mult.Lit. 1976). Since Volovski, Kennedy and Martone appeared to share factual questions with the previously transferred actions, the Panel entered orders conditionally transferring these three actions to the District of Kansas for inclusion in the pretrial proceedings under Section 1407. Plaintiffs in these actions have filed motions to vacate the conditional transfer orders. Defendant Robins favors transfer of all actions to the District of Kansas.1

We find that these three actions raise questions of fact common to the previously transferred actions and that transfer of the three actions to the District of Kansas pursuant to Section 1407 will best serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation.

Volovski was filed in the District of New Jersey as a class action on behalf of all women in New Jersey who have had a Dalkon Shield inserted. The complaint in this action alleges that Robins' advertising concerning the Dalkon Shield violated New Jersey's Consumer Fraud Act. Like many of the complaints in the actions in the transferee district, the complaints in Kennedy and Martone allege, inter alia, that defendant Robins was negligent in manufacturing, testing and marketing the Dalkon Shield.

During oral argument before the Panel, plaintiffs in Volovski conceded that this action shares questions of fact with the actions in the transferee district. Transcript at 3. These plaintiffs nonetheless contend that transfer of their action is inappropriate mainly because the theory of liability upon which Volovski is based differs from the theories of liability in the actions in the transferee district. Plaintiffs maintain that since this action involves solely New Jersey law, the district court in New Jersey is in the best position to interpret that law.

Plaintiffs in Kennedy and Martone assert that the majority of their witnesses reside in the respective districts wherein these actions were filed and that these witnesses would be inconvenienced by a Section 1407 transfer to Kansas. Plaintiffs in Kennedy also contend that transfer of their action would be unfair because plaintiffs will be unable to travel to Kansas in order to participate in pretrial proceedings there.

In our two earlier opinions in this litigation, we have considered and rejected arguments very similar to those now made by all movants. See In re A. H. Robins Co., Inc. "Dalkon Shield" IUD Products Liability Litigation, supra, 419 F.Supp. at 711-12; 406 F.Supp. at 542. Thus, under our previous opinions and orders, Volovski, Kennedy and Martone clearly should be included in the coordinated or consolidated pretrial proceedings in the District of Kansas.

We note that it is not peculiar for a federal district judge to be faced with applying law of a state other than the one wherein his or her district is located, and thus the presence of foreign state law in multidistrict litigation is of no particular consequence.

Moreover, since the parties and witnesses usually do not personally participate in pretrial conferences or hearings, it...

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11 cases
  • In re No. Dist. of Cal." Dalkon Shield" IUD Products, C-80-2213 SW.
    • United States
    • U.S. District Court — Northern District of California
    • November 5, 1981
    ...IUD Products Liability Litigation, 419 F.Supp. 710 (Jud. Pan.Mult.Lit.1976); In re A. H. Robins Co., Inc., "Dalkon Shield" IUD Products Liability Litigation, 438 F.Supp. 942 (Jud.Pan.Mult.Lit. 1977). 122 See In re A. H. Robins Co., Inc., "Dalkon Shield" IUD Products Liability Litigation, Do......
  • A.H. Robins Co., Inc., In re
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • June 16, 1989
    ...Inc. "Dalkon Shield" IUD Products Liability Litigation, 406 F.Supp. 540 (J.P.M.D.L.1975); 419 F.Supp. 710 (J.P.M.D.L.1976); and 438 F.Supp. 942 (J.P.M.D.L.1977). After the entry of a number of such orders of transfer, the Judicial Panel finally concluded that their previous orders accepting......
  • Northern Dist. of California, Dalkon Shield IUD Products Liability Litigation, In re
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • August 26, 1982
    ..."Dalkon Shield" Liability Litigation, 406 F.Supp. 540 (Jud.Pan.Mult.Lit.1975), 419 F.Supp. 710 (Jud.Pan.Mult.Lit.1976), 438 F.Supp. 942 (Jud.Pan.Mult.Lit.1977). After four years of consolidated discovery, the Judicial Panel began vacating its conditional transfer orders and remanding the ca......
  • Kontoulas v. A.H. Robins Co., Inc., s. 84-1087
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • October 3, 1984
  • Request a trial to view additional results

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