Blood Factor Lawsuit Update

Blood Factor Lawsuit Update - June 2005

The blood factor defendants have recently filed their first motion to dismiss the claims of the international plaintiffs under the doctrine of forum non conveniens (“FNC”), which vests the Court with discretion to dismiss the claims of foreign plaintiffs even where the Court has jurisdiction over such claims, if the Court determines that Plaintiffs' home Courts are an adequate alternative to the U.S. legal system and that prosecution of those claims abroad would serve the convenience of all parties under the facts and circumstances of this case. The Court need not dismiss the claims of any plaintiffs on the basis of this doctrine, but may choose to do so in its discretion if defendants meet their burden to persuade the Court on this issue.

The Court has not yet ruled whether it will dismiss the claims of any Plaintiffs on this ground. It has, however, set a timetable and a procedure for determining the issue on a country-by-country basis, and directed Defendants to select the country as to which defendants believe their position on FNC is strongest. Defendants chose the United Kingdom for their first motion.

Plaintiffs have until August 23, 2005 to oppose Defendants' motion papers, which were filed late last month. Defendants will have up to approximately 60 days to reply, after which the Court will be ready to decide the issue. Additional motions will likely be filed, though no schedule has been set regarding the FNC issue as to any country other than the United Kingdom. In the meantime, Plaintiffs are continuing to conduct discovery of the facts supporting Plaintiffs' claims on the merits.

Please feel free to contact us, or our local co-counsel in your country, by phone should you have any questions or concerns. Also, we will post any further developments of significance on the web site, which you can check at your convenience.