MDL 2436 In Re: Tylenol (Acetaminophen) Marketing, Sales Practices and Products Liability Litigation
The Honorable Berle M. Schiller, Presiding
| About |
| Pretrial Orders |
| Hearing Transcripts |
| Opinions |
| Contacts |
This Multidistrict Litigation ("MDL") was created by Order of the United States Judicial Panel on Multidistrict Litigation ("MDL Panel") on April 1, 2013. The typical case involves claims by a plaintiff from anywhere in the United States against defendant McNeil-PPC, Inc., and many other defendants as well.
In its April 1, 2013 Order, the MDL Panel found that the actions in this MDL "involve common questions of fact, and that centralization in the Eastern District of Pennsylvania will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation."
The MDL Panel noted that the actions "involve allegations that over-the-counter ("OTC") acetaminophen containing products that are marked and sold under its TYLENOL® brand-name caused liver damage, including liver failure, even when taken as directed." McNeill-PPC, Inc. and the other defendants deny these allegations.
The Panel further found that "centralization will eliminate duplicate discovery; prevent inconsistent pretrial rulings; and conserve the resources of the parties, their counsel and the judiciary."
| Order | Order Title or Topic | Issued | |
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| Case Management Order No. 1 | Protective Order | 02/28/2013 |
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| Case Management Order No. 2 | Order Governing Method of Production | 02/28/2013 |
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| Order | Applicability of Case Management Order No. 1 and Case Management Order No. 2 | 06/19/2013 |
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| Case Management Order No. 3 | Practices and procedures order | 04/26/2013 |
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| Case Management Order No. 4 | Plaintiffs' Steering Committee and Plaintiffs' Liaison Counsel | 05/21/2013 |
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| Scheduling Order | 05/22/2013 |
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| Case Management Order No. 5 | Defendants' Lead and Liaison Counsel | 05/22/2013 |
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| Case Management Order No. 6 | Resolution of Discovery Matters | 06/03/2013 |
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| Order | Amending Case Management Order No. 6 | 11/03/2014 |
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| Case Management Order No. 7 | Master Complaint, Short Form Complaint, Master Responsive Pleadings, Direct Filing and Waiver of Service of Process For Direct Filed Cases | 06/17/2013 |
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| Exhibit A to Case Management Order No. 7 | Master Complaint | - |
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| Exhibit B to Case Management Order No. 7 | Short Form Complaint | - |
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| Exhibit C to Case Management Order No. 7 | Answer to Short Form Complaint | - |
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| Case Management Order No. 7(a) | Extension of Deadline to File Short Form Complaints | 09/12/2013 |
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| Case Management Order No. 7(b) | Amending Case Management Order No. 7 | 11/18/2015 |
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| Exhibit 1 to Case Management Order No. 7(b) | Plaintiffs' First Amended Master Complaint and Jury Demand | - |
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| Exhibit 2 to Case Management Order No. 7(b) | First-Amended Short-Form Complaint | - |
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| Case Management Order No. 8 | Order Governing Method of Production Pertaining to Defendant L. Perrigo Company | 06/17/2013 |
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| Case Management Order No. 9 | Concerning Privilege Logs and Challenges | 06/20/2013 |
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| Case Management Order No. 10 | Plaintiff and Defense Fact Sheet(s) | 06/20/2013 |
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| Amended Case Management Order No. 10 | Amending e-mail address for Plaintiff Fact Sheets served upon McNeil | 01/06/2014 |
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| Case Management Order No. 10(a) | Records Collection - Supplementing and Implementing Certain Provisions of CMO No. 10 | - |
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| Order | Regarding the Short Form Complaint | 07/08/2013 |
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| Case Management Order No. 10(b) | Defendants' Fact Sheet | 08/22/2013 |
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| Case Management Order No. 11(a) | Scheduling Case Management Conferences | 01/08/2014 |
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| Case Management Order No. 11(b) | Scheduling Case Management Conferences | 10/29/2014 |
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| Case Management Order No. 11(c) | Scheduling Case Management Conferences | 05/05/2015 |
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| Case Management Order No. 11(d) | Scheduling Case Management Conferences | 07/12/2015 |
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| Case Management Order No. 11(e) | Scheduling Case Management Conferences | 01/05/2016 |
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| Case Management Order No. 11(f) | Scheduling Case Management Conferences | 05/25/2016 |
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| Case Management Order No. 12 | Establishing MDL 2436 fund to compensate and reimburse attorneys | 08/22/2013 |
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| Order | 09/09/2013 |
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| Notice | Cancelling Status Conference | 09/24/2013 |
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| Case Management Order No. 13 | Preliminary Discovery Plan | 10/01/2013 |
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| Case Management Order No. 14 | Deposition Protocol for Non-Expert Witnesses | 10/03/2013 |
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| Case Management Order No. 14(a) | Remote Participation at Deposition | 11/19/2013 |
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| Case Management Order No. 15 | Bellwether Case Selection Plan and Core Case-Specific Discovery | 10/04/2013 |
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| Order | 11/20/2013 |
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| Order | Revising Certain Deadlines in Case Management Order No. 15 (Bellwether Case Selection Plan and Core Case-Specific Discovery) | 07/23/2014 |
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| Case Management Order No. 15(a) | Extension of Deadline for Parties to Select Eligible Trial Cases | 03/31/2014 |
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| Case Management Order No. 16 | Discovery Related to Prescription Producta and Non-Parties | 01/07/2014 |
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| Case Management Order No. 17 | Discovery Related to Confidential Study Data | 01/27/2014 |
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| Order | 01/27/2014 |
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| Order | 02/10/2014 |
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| Order | 12/15/2014 |
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| Case Management Order No. 18 | 01/28/2015 |
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| Case Management Order No. 18(a) | 02/25/2015 |
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| Case Management Order No. 18(c) | 1st Bellwether Case Scheduling Order | 05/05/2015 |
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| Case Management Order No. 18(d) | Deposition Designation Protocol and Schedule | 05/18/2015 |
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| Order | Applicability of Alabama law to plaintiff's claims | 05/20/2015 |
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| Case Management Order No. 18(e) | 1st Bellwether Case Scheduling Order | 05/20/2015 |
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| Case Management Order No. 18(f) | 1st Bellwether Case Scheduling Order | 05/22/2015 |
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| Case Management Order No. 18(g) | 1st Bellwether Case Scheduling Order | 06/15/2015 |
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| Case Management Order No. 18(h) | 1st Bellwether Case Scheduling Order | 07/12/2015 |
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| Case Management Order No. 18(i) | 1st Bellwether Case Scheduling Order | 02/29/2016 |
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| Order | Stipulation of Dismissal with Prejudice of Certain Claims in Plaintiff's Short Form Complaint | 06/17/2015 |
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| Order | Denying defendants' motion for summary judgment on plaintiff's claim under Alabama law | 11/13/2015 |
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| Order | Denying defendants' motion for summary judgment on plaintiff's short form complaint | 11/13/2015 |
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| Order | Denying defendants' motion for summary judgment on plaintiff's claim for punitive damages under Alabama law | 11/13/2015 |
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| Order | Denying defendants' motion for summary judgment on plaintiff's failute-to-warn claim | 11/13/2015 |
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| Order | Denying defendants' motion for summary judgment on plaintiff's design defect claim | 11/13/2015 |
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| Order | Changing monthly status conference to telephone conference | 01/21/2016 |
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| Order | Granting defendants' motion to supplement expert disclosures in 1st Bellwether case | 01/21/2016 |
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| Order | Granting plaintiffs' request for leave to serve additional requests for admissions in 1st Bellwether case | 02/18/2016 |
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| Order | Granting plaintiffs' request for an extension of time | 02/29/2016 |
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| Order | Denying in part/granting in part defendants' motion to exclude plaintiff's expert in 1st Bellwether case | 03/02/2016 |
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| Order | Cross noticing depositions in 1st Bellwether case | 03/09/2016 |
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| Order | Granting oral argument on plaintiff's motion to strike and defendants' motion to exclude causation opinion in 1st Bellwether case | 04/04/2016 |
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| Order | Parties to submit supplemental briefing in 1st Bellwether case | 04/04/2016 |
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| Order | Granting extension of time in 1st Bellwether case | 04/11/2016 |
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| Order | Defendants' motions in limine in 1st Bellwether case | 04/19/2016 |
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| Order | Granting plaintiff's request for leave to file an amended/corrected declaration in 1st Bellwether case | 05/12/2016 |
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| Order | Referring to magistate judge for settlement conference | 05/16/2016 |
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| Order | Denying defendants' motion to strike plaintiff's declaration in 1st Bellwether case | 05/25/2016 |
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| Order | Plaintiff's motions in limine in 1st Bellwether case | 06/03/2016 |
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| Order | Denying defendants' motion to exclude use of Larson article in 1st Bellwether case | 07/14/2016 |
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| Order | Denying defendants' motion to exclude plaintiff's expert (Davern) in 1st Bellwether case | 07/26/2016 |
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| Order | Denying defendants' motion to exclude plaintiff's expert (Kaplowitz) in 1st Bellwether case | 07/26/2016 |
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| Order | Denying defendants' motion to exclude plaintiff's expert (Smith) in 1st Bellwether case | 07/27/2016 |
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| Order | Denying defendants' motion to exclude plaintiff's expert (Sze) in 1st Bellwether case | 07/27/2016 |
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| Order | Granting in part/denying in part defendants' motion to exclude plaintiff's expert (Rachanow) in 1st Bellwether case | 07/27/2016 |
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| Order | Granting in part/denying in part defendants' motion to exclude plaintiff's expert (Blume) in 1st Bellwether case | 07/28/2016 |
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| Order | Denying defendants' motion to exclude plaintiff's expert (Nelson) in 1st Bellwether case | 07/28/2016 |
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| Order | Granting in part/denying in part defendants' motion to exclude plaintiff's expert (Plunkett) in 1st Bellwether case | 07/28/2016 |
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| Transcript No. | Title or Topic | Date Held | Docket Entry No. | Date Entered | |
|---|---|---|---|---|---|
| 1 | Initial Pretrial Conference | 05/21/2013 | 44 | - | PACER |
| 2 | First Monthly Conference | 06/24/2013 | - | - | PACER |
| 3 | Second Monthly Conference | 08/22/2013 | - | - | PACER |
Case Management/Electronic Case Files (CM/ECF) contains related information.
| Date | Opinion Title or Topic | |
|---|---|---|
| 05/20/2015 | Applicability of Alabama law to plaintiff's claims |
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| 11/13/2015 | Denying defendants' motion for summary judgment on plaintiff's claim under Alabama law |
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| 11/13/2015 | Denying defendants' motion for summary judgment on plaintiff's short form complaint |
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| 11/13/2015 | Denying defendants' motion for summary judgment on plaintiff's claim for punitive damages under Alabama law |
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| 11/13/2015 | Denying defendants' motion for summary judgment on plaintiff's failute-to-warn claim |
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| 11/13/2015 | Denying defendants' motion for summary judgment on plaintiff's design defect claim |
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| 03/02/2016 | Denying in part/granting in part defendants' motion to exclude plaintiff's expert in 1st Bellwether case |
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| 04/19/2016 | Defendants' motions in limine in 1st Bellwether case |
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| 06/03/2016 | Plaintiff's motions in limine in 1st Bellwether case |
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| 07/14/2016 | Denying defendants' motion to exclude use of Larson article in 1st Bellwether case |
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| 07/26/2016 | Denying defendants' motion to exclude plaintiff's expert (Davern) in 1st Bellwether case |
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| 07/26/2016 | Denying defendants' motion to exclude plaintiff's expert (Kaplowitz) in 1st Bellwether case |
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| 07/27/2016 | Denying defendants' motion to exclude plaintiff's expert (Smith) in 1st Bellwether case |
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| 07/27/2016 | Denying defendants' motion to exclude plaintiff's expert (Sze) in 1st Bellwether case |
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| 07/27/2016 | Granting in part/denying in part defendants' motion to exclude plaintiff's expert (Rachanow) in 1st Bellwether case |
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| 07/28/2016 | Granting in part/denying in part defendants' motion to exclude plaintiff's expert (Blume) in 1st Bellwether case |
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| 07/28/2016 | Denying defendants' motion to exclude plaintiff's expert (Nelson) in 1st Bellwether case |
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| 07/28/2016 | Granting in part/denying in part defendants' motion to exclude plaintiff's expert (Plunkett) in 1st Bellwether case |
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- Presiding Judge: The Honorable Berle M. Schiller
- Please Read Judge Schiller's Policies and Procedures before contacting his chambers.
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Secretary/Deputy Clerk (Civil): Jean Pennie
Deputy Clerk (Criminal): Christopher Campoli -
United States District Court
Eastern District of Pennsylvania
Courtroom 5C
James A. Byrne U.S. Courthouse
601 Market Street
Philadelphia, PA 19106
Telephone: (267) 299-7620
Email: chambers_of_judge_berle_m_schiller@paed.uscourts.gov
- Plaintiffs' Liaison Counsel: Laurence S. Berman, Esq.
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Levin Fishbein Sedran & Berman
510 Walnut St.
Suite 500
Philadelphia, PA 19106
Telephone: (215) 592-1500
Fax: (215) 592-4663
E-mail: LBerman@lfsblaw.com
- Chair, Plaintiffs' Steering Committee:
- Laurence S. Berman, Esq.
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Levin Fishbein Sedran & Berman
510 Walnut St.
Suite 500
Philadelphia, PA 19106
Telephone: (215) 592-1500
Fax: (215) 592-4663
E-mail: LBerman@lfsblaw.com
- R. Clay Milling, Esq.
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Henry Spiegel Milling LLP
950 East Paces Ferry Road, N.E.
Atlanta Plaza, Suite 2450
Atlanta, GA 30326
Telephone: (404) 832-8000
Fax: 404) 832-8050
E-mail: rcm@hsm-law.com
- Defendant's Lead Counsel: Christy D. Jones, Esq.
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Butler, Snow O'Mara, Stevens & Cannada, PLLC
1020 Highland Colony Parkway
Suite 1400
Ridgeland, MS 39157
Telephone: (601) 985-4523
Fax: (601) 985-4500 (facsimile)
E-mail: Christy.jones@butlersnow.com
- Defendant's Liaison Counsel:
- David Abernethy, Esq.
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Drinker Biddle & Reath, LLP
One Logan Square
Suite 2000
Philadelphia, PA 19103-6996
Telephone: (215) 988-2700
Fax: (215) 988-2757
E-mail: David.Abernethy@dbr.com
- Mr. Abernethy is appointed Defendants' Co-Liaison Counsel.
- Alyson B. Jones, Esq.
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Butler, Snow O'Mara, Stevens & Cannada, PLLC
1020 Highland Colony Parkway
Suite 1400
Ridgeland, MS 39157
Telephone: (601) 985-4427
Fax: (601) 985-4500
E-mail: Alyson.jones@butlersnow.com
- Ms. Jones is appointed Defendants' Co-Liaison Counsel.