In re AH Robins Co., Inc., No. 211.

• Court: United States Judicial Panel on Multidistrict Litigation
• Writing for the Court: PER CURIAM
• Citation: 438 F. Supp. 942
• Parties: In 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.
• Docket Number: No. 211.
• Decision Date: 17 October 1977

438 F. Supp. 942

In 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.

No. 211.

Judicial Panel on Multidistrict Litigation.

October 17, 1977.

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.

438 F. Supp. 943

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...