United States Third Circuit

In this case involving competing mass tort class actions in federal and state courts, interlocutory appeal from an order enjoining a mass opt out of a state class was upheld, where there was no finding of actual conflicts between subclasses of plaintiffs, and personal jurisdiction existed over attorneys enjoined from pursuing opt out.

Appellate Information

• Argued 10/09/2001
• Decided 02/27/2002
• Published 02/27/2002

Judges

• Before:  SCIRICA, GREENBERG and COWEN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• John W. MacPete (Argued), Grand Prairie, TX, Keith M. Jensen, Fort Worth, TX, for Appellants.


• For Appellees:
  
• Peter L. Zimroth (Argued), Arnold & Porter, New York, NY, Robert D. Rosenbaum, Arnold & Porter, Washington, DC, Michael T. Scott, Reed Smith, LLP, Philadelphia, PA, for Appellee, American Home Products Corporation., Arnold Levin (Argued), Levin Fishbein Sedran & Berman, Philadelphia, PA, for Appellees, Brown Class Representative Plaintiffs.