Narrative Opinion Summary
A question has arisen regarding the release status of Parke-Davis and Pfizer, the drug companies involved in a case referred to the West Virginia Supreme Court of Appeals. This inquiry pertains to the implications of a settlement agreement and subsequent order entered on July 15, 1998, in the West Virginia State Court. The requesting party seeks to defer action on the reference order and instead remand the case to the United States District Court from which the appeal originated. The remand aims to clarify whether Parke-Davis and Pfizer have been released from liability due to the settlement. A response from the West Virginia Supreme Court of Appeals is requested at their convenience. The request has the concurrence of Judges Wilkinson and Niemeyer.
Legal Issues Addressed
Jurisdiction and Remand Proceduresubscribe to see similar legal issues
Application: The requesting party seeks to remand the case to the United States District Court to determine the release status of the involved drug companies.
Reasoning: The requesting party seeks to defer action on the reference order and instead remand the case to the United States District Court from which the appeal originated.
Settlement Agreement Implicationssubscribe to see similar legal issues
Application: The case examines whether Parke-Davis and Pfizer are released from liability as a result of a settlement agreement and subsequent order entered in the West Virginia State Court.
Reasoning: This inquiry pertains to the implications of a settlement agreement and subsequent order entered on July 15, 1998, in the West Virginia State Court.