Ozempic Lawsuit (MDL 3094): Initial Conference Summary
Legal Analysis: Ozempic Lawsuit Officially Known as In Re: GLP-1 RAS
Case Management Order number one was filed in the Ozempic lawsuit on February 15, 2024. The Ozempic Lawsuit is officially known as In Re: Glucagon-Like Peptide-1 Receptor Agonists (GLP-1 RAS) Products Liability Litigation. The Courthouse used for the first conference and presumably future conferences is the United States Courthouse at 601 Market Street, Philadelphia, PA 19106. The first conference was March 14, 2024.
The initial Ozempic Case Management Order was focused on the logistics of a large lawsuit. The very first topic is the organization of counsel. A case of this size requires the work of many law firms. In addition, many law firms will have an interest in the outcome of the case and how the lawsuit is prosecuted. Experienced lawyers will want a seat at the table, and several will want to be in charge. There are two schools of thought on organizing lawyers in a lawsuit like Ozempic. First, self-organization, which means the lawyers work out how the leadership will work amongst themselves and then propose a leadership “slate” they can all agree to for the Judge’s approval. The other is by court appointment, where each lawyer applies directly to the Judge for a position on the leadership team.
Other relevant topics in the first Ozempic Lawsuit case management order include status conferences, new filings, Plaintiff Fact Sheets, and Case Segments. Status conferences are the court dates where the plaintiff and defense lawyers speak to the judge on whatever issue is most important to moving the case forward. Early status conferences will revolve around leadership structure and how discovery will proceed. Other status conferences might involve disputes or requests for the judge to take action, like dismissing some or all of the cases that have been filed. Filing procedures are important because they ensure that only legitimate cases are before the court. Finally, Plaintiff Fact Sheets allow the parties to search the cases that have been filed for representative cases that might be good picks for bellwether trials, and the fact sheets can also aid the parties if there is a settlement.
– Robert King, Esq.
Note: The content below was obtained by the United States District Court for the Eastern District of Pennsylvania. The document is presented under the principles of fair use and is intended as a resource for legal and healthcare professionals interested in following the latest developments in the Ozempic lawsuit. King Law attorneys have contributed legal analysis to improve clarity and accessibility for users who may not be familiar with legal processes and terminology. This page was created to assist in understanding the proceedings and does not constitute legal advice.
On This Page:
Initial Organizational Conference and Related Preliminary Matters
Organizational Conference for Counsel with the Court
Agenda for the Initial Conference
Suggested Agenda Items for Initial Organizational Conference
Initial Organizational Conference and Related Preliminary Matters
U.S. District Court, Eastern District of Pennsylvania
GLP-1 RA Products Liability Litigation – MDL No. 3094 (24-md-3094)
Case Management Order No. 1
Initial Organizational Conference & Preliminary Matters
This Order shall govern all cases (1) transferred to this Court by the Judicial Panel on Multidistrict Litigation, pursuant to its Order of February 5, 2024, (2) any tag-along actions subsequently transferred to this Court by the Judicial Panel on Multidistrict Litigation, and (3) all related cases originally filed in this Court or transferred or removed to this Court.
All subsequent orders of this Court with the designation “All Cases” or “All Actions” entered in MDL No. 3094 will likewise apply to all cases that are, or become, part of this MDL, regardless of whether that case was part of MDL No. 3094 when the order was entered.
All counsel should promptly familiarize themselves with this Court’s general Policies and Procedures. They are available on the website for this District and copies will be provided by this Court’s Chambers staff if requested. They will be applied throughout the pendency of this litigation.
Organizational Conference for Counsel with the Court
Conference Date and Location
The Court has set an initial in-court conference for all parties’ counsel (and their respective support personnel, if any) for Thursday, March 14, 2024, at 2:00 p.m. in Courtroom 10B in the United States Courthouse at 601 Market Street, Philadelphia, PA 19106. A court reporter will be present. The expectation is that all future conferences, hearings, oral arguments, and similar proceedings in this case will be held in the same location unless specifically otherwise directed.
The conference is expected to last approximately two (2) hours. While in-person attendance is not mandatory, it is preferred. If because of prohibitive expense or irreconcilable scheduling conflicts in-person attendance is not reasonably achievable, remote (e.g., “Zoom,” etc.) participation will be accepted with reasonable prior notice to the Court (via the Court’s principal Deputy, Michael Coyle, (267) 299-7359 or Michael.Coyle@paed.uscourts.gov). All equipment and technical needs for remote participation are the responsibility of the outside participant, but the Court’s staff will make all reasonable efforts to facilitate successful coordination of systems, etc.
Agenda for the Initial Conference
The final Agenda for the March 14, 2024 conference has not been set. However, the primary matters that the Court intends to raise for discussion will include:
- Organization of counsel: This includes discussion of the process for selecting plaintiffs’ lead counsel, the responsibilities of lead counsel, the allocation of tasks and responsibilities for non-lead counsel, expectations for maintaining expense and time records for any subsequent financial obligations, developing and proposing to the Court a schedule for commencement, execution, and completion of discovery, maintaining communications with defense counsel, preparing for future conferences and preparing for any report(s) pursuant to F.R.C.P. 16, likely availability to attend in-person scheduled conferences with the Court and others for this case, and similar matters.
- Status conferences: This includes a discussion of the frequency and format for periodic conferences, the duties of counsel to meet and confer prior to such conferences and to propose an agenda for the conference, the purpose of such agenda being to inform the Court of matters that the parties wish to raise at the status conference. The Court may amend or augment its agenda as it deems appropriate. To the extent feasible, the agenda will be circulated in advance of conferences.
- New filings, amendments to complaints, and challenges to the sufficiency of pleadings: This topic is intended to prompt discussion of managing new filings and answers, and a realistic schedule for filing, responding to, and presenting motions to dismiss complaints, and similar matters.
- Desirability, timing, and requirements for “Fact Sheets” from plaintiffs
- Segmenting the cases: Possible usefulness of parsing the cases or issues or procedures by some division or delineation among the (1) twelve (12) branded medicines (with six (6) different active ingredients); (2) four manufacturers; and/or (3) five (5) GLP-1 RA products, to wit, Ozempic, Rybelsus, Wegovy, Trulicity, and Mounjaro. This may also include the need for or usefulness of “Science Days” and the likelihood of considering material differences in applicable legal principles.
- Motions: The Court will consider various alternative procedures for filing, responding to, and holding hearing(s) on motions. In general, motion practice will follow the applicable Federal and Local Rules, except as otherwise may be provided in any subsequent case management order(s). At this time, and until further order of this Court, the parties are relieved from compliance with timing and other deadlines for filing or responding to a filing that would otherwise be applicable at this stage of the litigation.
Suggested Agenda Items for Initial Organizational Conference
The foregoing is not an exhaustive list of matters to be addressed at the March 14, 2024 Conference. Counsel are encouraged to meet and confer with each other promptly in anticipation of the conference. Any counsel may individually or on some joint basis submit no later than close-of-business on March 5, 2024 any suggestion(s) for the agenda for the March 14, 2024 Conference. The Court will circulate to all counsel the full, final agenda on or before close-of-business on March 12, 2024.
BY THE COURT:
UNITED STATES DISTRICT JUDGE
This day of February, 2024.