SUMMARY

Persons with hemophilia in the United States, Latin America, Europe, Asia, the Middle East and Africa were infected with contaminated blood products. Lieff Cabraser is representing clients from around the world in lawsuits filed in U.S. courts against American blood companies that sold in the U.S. and exported contaminated blood worldwide.


Blood Factor Litigation Update - March 1, 2007

As of March 1, 2007, the Seventh Circuit Court of Appeals has not issued a ruling on Plaintiffs' appeal of Judge Grady's dismissal on forum non conveniens grounds of the United Kingdom Plaintiffs' claims.  We shall keep this site updated as further developments on this and other relevant matters in the case arise.

 
Court Grants Defendants' Motion to Dismiss Claims of United Kingdom Plaintiffs
On January 5, 2006, the U.S. Court granted the defendants’ motion to dismiss the claims of the United Kingdom plaintiffs on the grounds of Forum Non Conveniens ("FNC"). The Court found that the United Kingdom was an adequate alternative forum, and that the public interests weighed in favor of the United Kingdom claims proceeding in the United Kingdom instead of in the United States.
The Court required the defendants to agree to the following conditions of dismissal:
  1. Defendants will voluntarily submit to the jurisdiction of the United Kingdom courts if the clients file claims there within 90 days of dismissal or 90 days of a final decision on appeal;
      
  2. Defendants will satisfy a final judgment rendered by the United Kingdom courts;
      
  3. Defendants will toll (stop) the statute of limitations in the United Kingdom for the period during which the claims have been pending in the United States, including during appeal; and
      
  4. Defendants will not object to admission in the United Kingdom courts of evidence obtained during discovery in the United States on the grounds that it was not obtained in the United Kingdom.
Plaintiffs appealed this ruling, which applies only to the United Kingdom plaintiffs, and we are still awaiting the Judge's ruling.
The effect of the first FNC ruling on the overall litigation remains to be seen. The Court did note in its decision that “the [FNC] analysis depends largely upon the particular alternative forum being proposed. It will be necessary, therefore, to give individual consideration to each of the proposed alternative forums.” At the same time, however, some of the reasons given by the Court for its decision could apply equally to all foreign plaintiffs.
We will continue to timely report on important developments in the litigation as they occur. Please feel free to contact us, or our local co-counsel in your country, by telephone should you have any questions or concerns.
Read to the Court's January 5, 2006 order.
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