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Master Rejects Bextra Plaintiffs' Discovery Request

Law360 (July 25, 2007, 12:00 AM EDT) -- Seeking compromise in the multidistrict Bextra and Celebrex product-liability litigation, the Special Master recommended that federal rules of privilege apply, even though the plaintiffs had said that a relatively unrestrictive state statute should govern disclosure.

Hon. Fern M. Smith (Ret.) added Tuesday in his report and recommendation that each party ought to have the right to reopen discovery in the event that an action is remanded for trial, with discovery at that point to be governed by the originating district's privilege laws.

“Unless and until [any...
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