[DOWNLOAD] "In re Orthopedic Bone Screw Products Liability Litigation" by Third Circuit U.S. Court Of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: In re Orthopedic Bone Screw Products Liability Litigation
- Author : Third Circuit U.S. Court Of Appeals
- Release Date : January 16, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 86 KB
Description
Alexander Sambolin appeals from an order of the United States District Court for the Eastern District of Pennsylvania dismissing his claim as untimely. As a result of the dismissal, Sambolins claim fails to qualify for compensation pursuant to the multidistrict class action settlement agreement (the "Settlement Agr eement") between the Appellees -- AcroMed Corporation ("Acr oMed") and the Plaintiffs Legal Committee ("PLC")-- approved by the District Court in In re: Orthopedic Bone Screw Products Liability Litigation, 176 F.R.D. 158 (E.D. Pa. 1997). On appeal, Sambolin presents three ar guments that the District Court improperly denied him participation in the mandatory, non-opt-out settlement class. He first maintains that the District Court abused its discr etion in denying him participation in the settlement under the equitable doctrine of "excusable neglect," a doctrine whose label we find unnecessarily pejorative her e but whose principles are nonetheless relevant. Sambolin next argues that the settlements registration deadline, under which his claim is untimely, violates the equal protection and procedural due process protections of the Fifth and Fourteenth Amendments. His final contention on appeal is that the court-approved notice program in this class action was deficient under the standards of Federal Rule of Civil Procedure 23 and due process.