Sixth Circuit Puts Brakes on Sulzer Settlement

  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.  

     Andres Pereira 
     Fleming & Associates, L.L.P. 
                      MAKE YOUR OPINION COUNT -  Click Here 


SOURCE  Fleming & Associates, L.L.P.  
-0-                             10/30/2001  
/CONTACT:  Andres Pereira of Fleming & Associates, L.L.P., 
/Web site: /  
CO:  Fleming & Associates, L.L.P.; Sulzer 
ST:  Texas 
SU:  LAW  
-0- Oct/30/2001 17:39 GMT
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