MDL Judges Can’t Meddle In Past Orders: 3rd Circ.

Law360, New York (September 24, 2009, 6:54 PM EDT) -- A federal appeals court has reinstated an arbitration order tossed by the transferee judge in pharmacy benefit managers antitrust multidistrict litigation, saying MDL judges cannot overturn a transfer court's orders, with few exceptions.

In a precedential decision issued Thursday, the U.S. Court of Appeals for the Third Circuit ordered plaintiffs-appellees led by Bellevue Drug Co. back to arbitration with AdvancePCS, now known as CaremarkPCS Inc.

The parties had been ordered to arbitration by Judge Eduardo Robreno of the U.S. District Court for the Eastern District of...
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