United States Second Circuit

In a drug defect product liability litigation, appellant-law firm's interlocutory appeal from the district court's order finding that all of appellant-law firm's cases that were pending in the district court were subject to certain attorney compensation strictures and that appellant was prohibited from making any disbursements from a fund that it maintained until a fund administrator had certified that the protocols had been adhered to, is dismissed where the injunction did not give or aid in giving substantive relief sought in the lawsuit, and thus there was no jurisdiction under 28 U.S.C. section 1292(a).

Appellate Information

• Argued 03/12/2009
• Decided 02/03/2010
• Published 02/03/2010

Judges

• PER CURIAM., Before McLAUGHLIN and SACK, Circuit Judges, and KAPLAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Robert J. Lack, Friedman Kaplan Seiler & Adelman LLP, New York, N.Y. (Eric Roberson, The Mulligan Law Firm, Dallas, TX, and William David George and Earnest W. Wotring, Connelly, Baker, Wotring LLP, Houston, TX, on the brief), for Appellant.


• For Appellees:
  
• William M. Audet, Audet & Partners, LLP, San Francisco, CA (James M. Shaughnessy, Milberg LLP, New York, NY, on the brief), for Appellee Zyprexa MDL Plaintiffs' Steering Committee II., Anthony Vale, Pepper Hamilton LLP, Philadelphia, PA (Nina M. Gussack, Philadelphia, PA, and Samuel J. Abate, Jr., New York, NY, on the brief), for Appellee Eli Lilly and Company.