As we write this, our fair city remains in a blissful haze
following our Eagles' 33-10 rout of the 49'ers to go 7-1 in
the NFC East, so it might be appropriate to call today's
opinion a "touchdown." On the other hand, the World
Series approaches Game 6, following a game in which twenty-five
runs were scored. So maybe the opinion is a "home run."
In any event, the Second Circuit's (regrettably) unpublished
affirmance in In re Mirena IUD Prods. Liab. Litig., Mirena MDL,
Plaintiffs v. Bayer Healthcare Pharmaceuticals, Inc., 2017
U.S. App. LEXIS 20875 (2d. Cir. Oct. 24, 2017) is very, very
good.
More than a year ago , we reported that the United States
District Court for the Southern District of New York granted the
defendant's motion to exclude the plaintiffs' general
causation expert in the Mirena MDL. In the absence of expert
causation testimony, the court granted summary judgment for the
defendant on all pending cases, holding that the plaintiffs could
not satisfy
