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        2. MDL 2436 In Re: Tylenol (Acetaminophen) Marketing, Sales Practices and Products Liability Litigation

          The Honorable Berle M. Schiller, Presiding

          About
          Pretrial Orders
          Hearing Transcripts
          Opinions
          Contacts

          About

          This Multidistrict Litigation ("MDL") was created by Order of the United States Judicial Panel on Multidistrict Litigation ("MDL Panel") on April 1, 2013. The typical case involves claims by a plaintiff from anywhere in the United States against defendant McNeil-PPC, Inc., and many other defendants as well.

          In its April 1, 2013 Order, the MDL Panel found that the actions in this MDL "involve common questions of fact, and that centralization in the Eastern District of Pennsylvania will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation."

          The MDL Panel noted that the actions "involve allegations that over-the-counter ("OTC") acetaminophen containing products that are marked and sold under its TYLENOL? brand-name caused liver damage, including liver failure, even when taken as directed." McNeill-PPC, Inc. and the other defendants deny these allegations.

          The Panel further found that "centralization will eliminate duplicate discovery; prevent inconsistent pretrial rulings; and conserve the resources of the parties, their counsel and the judiciary."

          Pretrial Orders

          Order Order Title or Topic Issued ?
          Case Management Order No. 1 Protective Order 02/28/2013
          Case Management Order No. 2 Order Governing Method of Production 02/28/2013
          Order Applicability of Case Management Order No. 1 and Case Management Order No. 2 06/19/2013
          Case Management Order No. 3 Practices and procedures order 04/26/2013
          Case Management Order No. 4 Plaintiffs' Steering Committee and Plaintiffs' Liaison Counsel 05/21/2013
          Scheduling Order ? 05/22/2013
          Case Management Order No. 5 Defendants' Lead and Liaison Counsel 05/22/2013
          Case Management Order No. 6 Resolution of Discovery Matters 06/03/2013
          Order Amending Case Management Order No. 6 11/03/2014
          Case Management Order No. 7 Master Complaint, Short Form Complaint, Master Responsive Pleadings, Direct Filing and Waiver of Service of Process For Direct Filed Cases 06/17/2013
          Exhibit A to Case Management Order No. 7 Master Complaint -
          Exhibit B to Case Management Order No. 7 Short Form Complaint -
          Exhibit C to Case Management Order No. 7 Answer to Short Form Complaint -
          Case Management Order No. 7(a) Extension of Deadline to File Short Form Complaints 09/12/2013
          Case Management Order No. 7(b) Amending Case Management Order No. 7 11/18/2015
          Exhibit 1 to Case Management Order No. 7(b) Plaintiffs' First Amended Master Complaint and Jury Demand -
          Exhibit 2 to Case Management Order No. 7(b) First-Amended Short-Form Complaint -
          Case Management Order No. 8 Order Governing Method of Production Pertaining to Defendant L. Perrigo Company 06/17/2013
          Case Management Order No. 9 Concerning Privilege Logs and Challenges 06/20/2013
          Case Management Order No. 10 Plaintiff and Defense Fact Sheet(s) 06/20/2013
          Amended Case Management Order No. 10 Amending e-mail address for Plaintiff Fact Sheets served upon McNeil 01/06/2014
          Case Management Order No. 10(a) Records Collection - Supplementing and Implementing Certain Provisions of CMO No. 10 -
          Order Regarding the Short Form Complaint 07/08/2013
          Case Management Order No. 10(b) Defendants' Fact Sheet 08/22/2013
          Case Management Order No. 11(a) Scheduling Case Management Conferences 01/08/2014
          Case Management Order No. 11(b) Scheduling Case Management Conferences 10/29/2014
          Case Management Order No. 11(c) Scheduling Case Management Conferences 05/05/2015
          Case Management Order No. 11(d) Scheduling Case Management Conferences 07/12/2015
          Case Management Order No. 11(e) Scheduling Case Management Conferences 01/05/2016
          Case Management Order No. 11(f) Scheduling Case Management Conferences 05/25/2016
          Case Management Order No. 12 Establishing MDL 2436 fund to compensate and reimburse attorneys 08/22/2013
          Order ? 09/09/2013
          Notice Cancelling Status Conference 09/24/2013
          Case Management Order No. 13 Preliminary Discovery Plan 10/01/2013
          Case Management Order No. 14 Deposition Protocol for Non-Expert Witnesses 10/03/2013
          Case Management Order No. 14(a) Remote Participation at Deposition 11/19/2013
          Case Management Order No. 15 Bellwether Case Selection Plan and Core Case-Specific Discovery 10/04/2013
          Order ? 11/20/2013
          Order Revising Certain Deadlines in Case Management Order No. 15 (Bellwether Case Selection Plan and Core Case-Specific Discovery) 07/23/2014
          Case Management Order No. 15(a) Extension of Deadline for Parties to Select Eligible Trial Cases 03/31/2014
          Case Management Order No. 16 Discovery Related to Prescription Producta and Non-Parties 01/07/2014
          Case Management Order No. 17 Discovery Related to Confidential Study Data 01/27/2014
          Order ? 01/27/2014
          Order ? 02/10/2014
          Order ? 12/15/2014
          Case Management Order No. 18 ? 01/28/2015
          Case Management Order No. 18(a) ? 02/25/2015
          Case Management Order No. 18(c) 1st Bellwether Case Scheduling Order 05/05/2015
          Case Management Order No. 18(d) Deposition Designation Protocol and Schedule 05/18/2015
          Order Applicability of Alabama law to plaintiff's claims 05/20/2015
          Case Management Order No. 18(e) 1st Bellwether Case Scheduling Order 05/20/2015
          Case Management Order No. 18(f) 1st Bellwether Case Scheduling Order 05/22/2015
          Case Management Order No. 18(g) 1st Bellwether Case Scheduling Order 06/15/2015
          Case Management Order No. 18(h) 1st Bellwether Case Scheduling Order 07/12/2015
          Case Management Order No. 18(i) 1st Bellwether Case Scheduling Order 02/29/2016
          Order Stipulation of Dismissal with Prejudice of Certain Claims in Plaintiff's Short Form Complaint 06/17/2015
          Order Denying defendants' motion for summary judgment on plaintiff's claim under Alabama law 11/13/2015
          Order Denying defendants' motion for summary judgment on plaintiff's short form complaint 11/13/2015
          Order Denying defendants' motion for summary judgment on plaintiff's claim for punitive damages under Alabama law 11/13/2015
          Order Denying defendants' motion for summary judgment on plaintiff's failute-to-warn claim 11/13/2015
          Order Denying defendants' motion for summary judgment on plaintiff's design defect claim 11/13/2015
          Order Changing monthly status conference to telephone conference 01/21/2016
          Order Granting defendants' motion to supplement expert disclosures in 1st Bellwether case 01/21/2016
          Order Granting plaintiffs' request for leave to serve additional requests for admissions in 1st Bellwether case 02/18/2016
          Order Granting plaintiffs' request for an extension of time 02/29/2016
          Order Denying in part/granting in part defendants' motion to exclude plaintiff's expert in 1st Bellwether case 03/02/2016
          Order Cross noticing depositions in 1st Bellwether case 03/09/2016
          Order Granting oral argument on plaintiff's motion to strike and defendants' motion to exclude causation opinion in 1st Bellwether case 04/04/2016
          Order Parties to submit supplemental briefing in 1st Bellwether case 04/04/2016
          Order Granting extension of time in 1st Bellwether case 04/11/2016
          Order Defendants' motions in limine in 1st Bellwether case 04/19/2016
          Order Granting plaintiff's request for leave to file an amended/corrected declaration in 1st Bellwether case 05/12/2016
          Order Referring to magistate judge for settlement conference 05/16/2016
          Order Denying defendants' motion to strike plaintiff's declaration in 1st Bellwether case 05/25/2016
          Order Plaintiff's motions in limine in 1st Bellwether case 06/03/2016
          Order Denying defendants' motion to exclude use of Larson article in 1st Bellwether case 07/14/2016
          Order Denying defendants' motion to exclude plaintiff's expert (Davern) in 1st Bellwether case 07/26/2016
          Order Denying defendants' motion to exclude plaintiff's expert (Kaplowitz) in 1st Bellwether case 07/26/2016
          Order Denying defendants' motion to exclude plaintiff's expert (Smith) in 1st Bellwether case 07/27/2016
          Order Denying defendants' motion to exclude plaintiff's expert (Sze) in 1st Bellwether case 07/27/2016
          Order Granting in part/denying in part defendants' motion to exclude plaintiff's expert (Rachanow) in 1st Bellwether case 07/27/2016
          Order Granting in part/denying in part defendants' motion to exclude plaintiff's expert (Blume) in 1st Bellwether case 07/28/2016
          Order Denying defendants' motion to exclude plaintiff's expert (Nelson) in 1st Bellwether case 07/28/2016
          Order Granting in part/denying in part defendants' motion to exclude plaintiff's expert (Plunkett) in 1st Bellwether case 07/28/2016

          Hearing Transcripts

          Transcript No. Transcript Title or Topic Date Held Docket Entry No. Date Entered ?
          1 Initial Pretrial Conference 05/21/2013 44 - PACER
          2 First Monthly Conference 06/24/2013 - - PACER
          3 Second Monthly Conference 08/22/2013 - - PACER

          Opinions

          Case Management/Electronic Case Files (CM/ECF) contains related information.

          Date Opinion Title or Topic ?
          05/20/2015 Applicability of Alabama law to plaintiff's claims
          11/13/2015 Denying defendants' motion for summary judgment on plaintiff's claim under Alabama law
          11/13/2015 Denying defendants' motion for summary judgment on plaintiff's short form complaint
          11/13/2015 Denying defendants' motion for summary judgment on plaintiff's claim for punitive damages under Alabama law
          11/13/2015 Denying defendants' motion for summary judgment on plaintiff's failute-to-warn claim
          11/13/2015 Denying defendants' motion for summary judgment on plaintiff's design defect claim
          03/02/2016 Denying in part/granting in part defendants' motion to exclude plaintiff's expert in 1st Bellwether case
          04/19/2016 Defendants' motions in limine in 1st Bellwether case
          06/03/2016 Plaintiff's motions in limine in 1st Bellwether case
          07/14/2016 Denying defendants' motion to exclude use of Larson article in 1st Bellwether case
          07/26/2016 Denying defendants' motion to exclude plaintiff's expert (Davern) in 1st Bellwether case
          07/26/2016 Denying defendants' motion to exclude plaintiff's expert (Kaplowitz) in 1st Bellwether case
          07/27/2016 Denying defendants' motion to exclude plaintiff's expert (Smith) in 1st Bellwether case
          07/27/2016 Denying defendants' motion to exclude plaintiff's expert (Sze) in 1st Bellwether case
          07/27/2016 Granting in part/denying in part defendants' motion to exclude plaintiff's expert (Rachanow) in 1st Bellwether case
          07/28/2016 Granting in part/denying in part defendants' motion to exclude plaintiff's expert (Blume) in 1st Bellwether case
          07/28/2016 Denying defendants' motion to exclude plaintiff's expert (Nelson) in 1st Bellwether case
          07/28/2016 Granting in part/denying in part defendants' motion to exclude plaintiff's expert (Plunkett) in 1st Bellwether case

          Contacts

          Presiding Judge: The Honorable Berle M. Schiller

          Please Read Judge Schiller's Policies and Procedures before contacting his chambers.
          Secretary/Deputy Clerk (Civil): Jean Pennie
          Deputy Clerk (Criminal): Christopher Campoli

          United States District Court
          Eastern District of Pennsylvania
          Courtroom 5C
          James A. Byrne U.S. Courthouse
          601 Market Street
          Philadelphia, PA 19106
          Telephone: (267) 299-7620
          Email: chambers_of_judge_berle_m_schiller@paed.uscourts.gov
          Plaintiffs' Liaison Counsel: Laurence S. Berman, Esq.

          Levin Fishbein Sedran & Berman
          510 Walnut St.
          Suite 500
          Philadelphia, PA 19106
          Telephone: (215) 592-1500
          Fax: (215) 592-4663
          E-mail: LBerman@lfsblaw.com
          Chair, Plaintiffs' Steering Committee:

          Laurence S. Berman, Esq.

          Levin Fishbein Sedran & Berman
          510 Walnut St.
          Suite 500
          Philadelphia, PA 19106
          Telephone: (215) 592-1500
          Fax: (215) 592-4663
          E-mail: LBerman@lfsblaw.com
          R. Clay Milling, Esq.

          Henry Spiegel Milling LLP
          950 East Paces Ferry Road, N.E.
          Atlanta Plaza, Suite 2450
          Atlanta, GA 30326
          Telephone: (404) 832-8000
          Fax: 404) 832-8050
          E-mail: rcm@hsm-law.com
          Defendant's Lead Counsel: Christy D. Jones, Esq.

          Butler, Snow O'Mara, Stevens & Cannada, PLLC
          1020 Highland Colony Parkway
          Suite 1400
          Ridgeland, MS 39157
          Telephone: (601) 985-4523
          Fax: (601) 985-4500 (facsimile)
          E-mail: Christy.jones@butlersnow.com
          Defendant's Liaison Counsel:

          David Abernethy, Esq.

          Drinker Biddle & Reath, LLP
          One Logan Square
          Suite 2000
          Philadelphia, PA 19103-6996
          Telephone: (215) 988-2700
          Fax: (215) 988-2757
          E-mail: David.Abernethy@dbr.com
          ?
          Mr. Abernethy is appointed Defendants' Co-Liaison Counsel.
          Alyson B. Jones, Esq.

          Butler, Snow O'Mara, Stevens & Cannada, PLLC
          1020 Highland Colony Parkway
          Suite 1400
          Ridgeland, MS 39157
          Telephone: (601) 985-4427
          Fax: (601) 985-4500
          E-mail: Alyson.jones@butlersnow.com
          ?
          Ms. Jones is appointed Defendants' Co-Liaison Counsel.

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