GSK plc (GSK) - The Superior Court of Delaware Issued an Order Denying the Motion to Certify Interlocutory Appeal.

"To accept Defendants’ position that interlocutory review is warranted merely because the issue decided might “determine Plaintiffs’ ability to prove the essential element of causation” and thus, must be important,28 would mean every dispositive motion ruling would clear the first hurdle to interlocutory review. This is contrary to Rule 42’s provisions that call for review only in exceptional circumstances.

Under Rule 42(b)(iii)(G), the Court agrees with Plaintiffs that interlocutory review of the Order would not terminate the litigation. Defendants argue that if review is granted, it may terminate the litigation because without general causation experts, they will undoubtedly attain summary judgment. 27. The Court agrees with Plaintiffs that forcing the issue now, without the benefit of a trial record—as no expert has actually provided testimony—is not prudent. This pre-trial issue, as mentioned earlier, is in infant stages. Defendants will undoubtedly appeal any adverse jury verdict on general causation. Interlocutory review would allow for two bites of the appellate apple. Again, this is not the intended purpose of Rule 42.

IT IS HEREBY ORDERED that certification to the Supreme Court of the State of Delaware for disposition in accordance with Rule 42 is REFUSED"

GSK writes the following regarding this ongoing Case in the Delaware Superior Court:"GSK has been named as a defendant by approximately 78,000 plaintiffs in several US state jurisdictions. Of these plaintiffs, approximately 72,000 plaintiffs filed in Delaware. Most ofthe Delaware plaintiffs allege a cancer other than the five cancers being pursued by Plaintiffs in the MDL proceeding. The Delaware court held a general causation hearing on the admissibility of expert testimony forthe 10 cancers Plaintiffs have decided to pursue (breast, colorectal, kidney, prostate, pancreatic, lung, bladder, liver, esophageal, and stomach) on 22-24 January 2024."

Sincerely,

Justin Wilcox, Senior Research Analyst

MDC Financial Research, LLC

Mobile: (415) 515-9063

Justin@MDCFinancial.com

Disclosure:  Nobody at MDC Financial Research currently owns any positions in GSK plc (GSK).

 

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