Challenge to Mandate for Full Refiling of Daubert Motions in Talc Powder Litigation
Plaintiffs’ attorneys involved in the talc powder litigation are contesting the recent mandate by the MDL judge, which requires a complete refiling of Daubert motions. They argue that this directive lacks sufficient legal basis and fails to provide a detailed rationale, rendering it unwarranted.
The lawyers question the necessity of such a broad procedural measure, particularly as it was neither solicited nor discussed prior to issuance. They argue that previous rulings, including those by Chief Judge Wolfson, have remained unchallenged upon appeal, undermining the justification for a total refiling.
Additionally, they raise concerns that the mandate may be an intentional strategy to pressure plaintiffs into settling, despite the likelihood of its reversal on appeal.
