Wood v. McGhan Medical Corp.
Opinion of the Court
ORDER DENYING REMAND
Presently before the Panel is a motion, pursuant to Rule 7.6, R.P.J.P.M.L., 199 F.R.D. 425, 436-38 (2001), by defendant Minnesota Mining and Manufacturing Company (3M) to vacate the Panel’s order conditionally remanding this action from the Northern District of Alabama to the Northern District of Texas, its transferor court. Plaintiffs in the action oppose the motion to vacate and favor remand of the action.
The Panel’s conditional order of remand was entered on the basis of an earlier order of the transferee court suggesting that remand would be appropriate because “the purpose[s] for which this action was transferred to this court have been accomplished ....” No additional explanation was given, however, and the Panel is unable to discern whether arguments now presented to the Panel were considered by the transferee court before making the suggestion of remand. Specifically, 3M has argued that the plaintiffs’ claims are barred by the operation of prior orders entered by the transferee court in MDL-926. Plaintiffs disagree, and the resulting
IT IS THEREFORE ORDERED that remand of this action is denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.