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Citing Lack of Jurisdiction, 2nd Circuit Declines to Upset Zyprexa Fee Cap

February 6th, 2010

A 2nd Circuit panel has declined to overturn a cap on attorney fees ordered by New York federal Judge Jack B. Weinstein in the Zyprexa multidistrict litigation. While the panel’s decision turned on its lack of jurisdiction to hear the interlocutory appeal, the substantive question was whether Weinstein himself had subject matter jurisdiction over the 61 cases, which were filed on behalf of more than 1,000 plaintiffs, while their motions to remand remained pending.

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Citing Lack of Jurisdiction, 2nd Circuit Declines to Upset Zyprexa Fee Cap

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