Class Action

Court of Appeal adds new section to opinion: Steroid Hormone Product Cases

By Kimberly A. Kralowec

On February 8, 2010, the Court of Appeal (Second Appellate District, Division Four) issued a modification order adding a new, three-page section to its opinion in Steroid Hormone Product Cases, ___ Cal.App.4th ___ (Jan. 21, 2010).  As my post on the original opinion explained, this panel correctly interpreted Tobacco II (in a manner directly contrary to the Court of Appeal in Cohen). 

Evidently, a rehearing petition was filed on February 2, urging the Court to follow Cohen and Vioxx.  The quickly-issued modification order (which also denied rehearing with no change in the judgment) makes the panel's disagreement with those opinions clear.  It is reasonable to assume that a review petition will be filed. 

In other appellate activity of note, a rehearing petition was filed on January 22 and denied on January 26 in the Weinstat case (see this post).  Again, a petition for review would not be surprising.  And we still await opinions in the two "grant and hold" cases, Pfizer and McAdams. 

Full post as published by The UCL Practitioner on February 17, 2010 (boomark / email).