Wednesday, July 18, 2007
CONSOLIDATION OF CLASS ACTIONS:
We are PLEASED to announce to you that, presumably in part on the strength
of our Brief and legal arguments submitted to the MDL Panel in Washington,
D.C., and certainly with a sprinkling of elements of common sense, the
Multi-District Litigation (MDL) Panel issued its ruling yesterday. All
nationwide class actions will be consolidated in the location where your
case was filed - the United States District Court, Northern District of
Georgia, Atlanta Division, The Honorable Thomas Thrash presiding over the
case.
This result is exactly as we had hoped. “Kudos” to Mr. Karnas who was
primary author of the successful MDL Brief.
Remember that your attorneys saw the wisdom of filing your case in that very
court from the start.
SETTLEMENT DISCUSSIONS/MEDIATION:
Presently we have mediation planned for the third week in August in Omaha.
These initial cases will concentrate on our most serious cases, a too-large
number of very seriously injured people. We hope as well to establish a
frame work for continued, good faith negotiations of ALL cases while we have
ConAgra’s attention at their Omaha headquarters. We hold out hope for
ConAgra’s continued support of its brand - Peter Pan - and its dedication to
be fair to its consumers and to fairly compensate those injured by its
negligence. Time will tell. Do note, however, that we have been in
constant communication with legal counsel for ConAgra in a cooperative
attempt to work toward common solutions to evidentiary presentation
questions and data collection issues. To the extent we can achieve fair and
just RESULTS for our clients quickly, without subjecting you to litigation's
demands, this is our goal.
Simultaneously, in the event this cooperative effort “breaks down,” we are
prepared to advance forward as you would expect your trial lawyers to do.
That is, we have not “let our guard down.”
FURTHER HANDLING:
Today (July 18, 2007), Mr. Orlando is flying to Phoenix to meet with the
nurses at R&G Medical with whom most have had the opportunity to speak
already. There, he will meet with Mr. Karnas as well. Our schedule
includes a full day in Phoenix with R&G on July 19th (yes, Roger is old
enough to ignore and work through another birthday, away from his family!).
At R&G we will be reviewing all information gathered to date and begin to
construct schematics for the presentation of evidence to ConAgra. Late that
evening Messrs. Karnas and Orlando will drive to the Tucson office to, the
following day, continue work with our expert epidemiologist in preparing ALL
cases for eventual presentation from anywhere from settlement negotiation to
trial ~ depending on ConAgra’s willingness to be fair.
As some of you may recognize, this “peanut butter case” has moved more
quickly than most similar litigations. A lot of legal talent and financial
resources have been dedicated to this cause. We are proud to be LEADERS in
this cause and in seeking justice for you. We remain proud, too, for the
trust you have placed in us.
We will keep you informed.
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