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In Re: Copley Pharmaceutical, Inc., "Albuterol" Products Liability Litigation, Karen Villar, Carmen Rosado, Marsha Romer, Edward Reynolds, Kim McMillan Pam Javurek, Christine McConnell Linda Wilson, Susan Salo, Haydee Velez, Jeffrey Strang, Jacoby & Meyers v. Copley Pharmaceutical, Inc., Jacoby & Meyers, Karen Villar, Carmen Rosado, Marsha Romer, Edward Reynolds, Kim McMillan Pam Javurek, Christine McConnell Linda Wilson, Susan Salo, Haydee Velez, Jeffrey Strang v. Honorable Clarence A. Brimmer, Chief Judge, Copley Pharmaceutical, Inc., Real Party in Interest

Citations: 79 F.3d 1156; 1996 U.S. App. LEXIS 13853Docket: 95-8028

Court: Court of Appeals for the Tenth Circuit; March 13, 1996; Federal Appellate Court

Narrative Opinion Summary

Citation of unpublished opinions is permitted if they hold persuasive value on a material issue, provided a copy is attached to the citing document or furnished to the court and parties during oral arguments. In the case of **In re: Copley Pharmaceutical, Inc. Albuterol Products Liability Litigation**, plaintiffs Karen Villar, Carmen Rosado, Marsha Romer, Edward Reynolds, Kim McMillan, Pam Javurek, Christine McConnell, Linda Wilson, Susan Salo, Haydee Velez, and Jeffrey Strang, alongside Jacoby & Meyers, appealed against Copley Pharmaceutical, Inc. The case was overseen by Chief Judge Clarence A. Brimmer. The appeal and mandamus actions were abated while the district court decided on the continuation of an injunction against Jacoby & Meyers. The district court ultimately dissolved the injunction and lifted the stay on discovery, resulting in the dismissal of the appeal and mandamus as moot.

Legal Issues Addressed

Abatement of Appeals and Mandamus Actions

Application: The appeal and mandamus actions were temporarily halted while the district court determined whether to continue an injunction.

Reasoning: The appeal and mandamus actions were abated while the district court decided on the continuation of an injunction against Jacoby & Meyers.

Citation of Unpublished Opinions

Application: The court allows the citation of unpublished opinions if they have persuasive value on a material issue, provided necessary copies are attached or furnished.

Reasoning: Citation of unpublished opinions is permitted if they hold persuasive value on a material issue, provided a copy is attached to the citing document or furnished to the court and parties during oral arguments.

Dissolution of Injunction

Application: The district court dissolved the injunction against Jacoby & Meyers, affecting the status of the appeal and mandamus actions.

Reasoning: The district court ultimately dissolved the injunction and lifted the stay on discovery, resulting in the dismissal of the appeal and mandamus as moot.