HOUSTON, Oct. 30 /PRNewswire/ -- The Sixth Circuit Court of Appeals has
agreed to an expedited review of the proposed Sulzer Class settlement
announced last month. The Sixth Circuit has indicated in agreeing to the
review that it has grave reservations as to the propriety of the proposed
nationwide class settlement to the Sulzer Inter-Op hip system litigation.
"As we anticipated when we appealed the preliminary class certification,
the appellate court is going to take a hard look at this inadequate and
inappropriate class settlement," said Andres Pereira, an attorney with Fleming
& Associates, L.L.P. which represents Barry Glasscock, the lead appellant
before the Sixth Circuit.
Last month, the District Court in Cleveland, Ohio granted preliminary
approval to a proposed nationwide class settlement and preliminarily approved
a nationwide class of individuals who had been implanted with a defective
Sulzer Inter-Op hip system. Just last week, the same court included in the
settlement Sulzer knee implants that were exhibiting the same defect.
Immediately after the District Court granted preliminary approval of the
proposed class settlement, attorneys representing individuals in state courts
appealed the certification arguing that the federal court did not have the
power to certify this type of personal injury case as a class action nor could
it impose a stay of proceeding in the state courts.
Fleming & Associates, LLP, concentrates its practice in the areas of
complex product liability, negligence and consumer litigation, including mass
and class actions. All cases are tried on a contingency fee basis. The
firm's expertise includes multi-plaintiff litigation in areas such as aviation
accidents, property damage, consumer protection, securities fraud, insurance
fraud and toxic tort cases. Fleming & Associates, LLP has been successful in
winning multi-million dollar jury verdicts and/or settlements, which now total
over $2 billion.
Fleming & Associates, L.L.P.
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SOURCE Fleming & Associates, L.L.P.
/CONTACT: Andres Pereira of Fleming & Associates, L.L.P.,
/Web site: http://www.fleming-law.com /
CO: Fleming & Associates, L.L.P.; Sulzer
-0- Oct/30/2001 17:39 GMT
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