Chapman v. Walmart Inc.
- Denise Cote
- 1:22-cv-08830
- U.S. District Court · Southern District of New York
- 2
In Chapman v. Walmart, Judge Cote set briefing deadlines on JJCI’s request to appeal two earlier rulings.
The plaintiffs and JJCI in the Chapman action; the order sets deadlines for briefing JJCI’s request for certification of an interlocutory appeal.
What happened
Chapman et al. v. Walmart, Inc. et al. is part of acetaminophen product-liability litigation. The opinion states that the court previously denied JJCI’s requests to dismiss the action based on preemption and on failure to adequately plead causation and knowledge.
JJCI then asked the court to certify those two earlier rulings for an immediate appeal under a federal statute allowing certain appeals before a case ends. The plaintiffs’ opposition is due May 24, 2023, and any reply is due June 7, 2023.
Judge Denise Cote issued an order setting those briefing deadlines. The order does not decide whether to certify the appeal, and it does not change the earlier denials of JJCI’s dismissal motions.
The detailed version
- Chapman v. Walmart Inc. · No. 1:22-cv-08830
- Denise Cote
- May 3, 2023
Background
This order concerns the action identified as Chapman et al. v. Walmart, Inc. et al., within multidistrict acetaminophen products-liability litigation. The opinion states that on April 20, 2023, the court denied Johnson & Johnson Consumer Inc.’s ("JJCI") motion to dismiss on the ground of preemption. On April 27, 2023, the court also denied JJCI’s motion to dismiss for failure to plead causation and knowledge as required by Federal Rule of Civil Procedure 8.
JJCI’s Appeal-Certification Motion
On May 2, 2023, JJCI moved under 28 U.S.C. § 1292(b) for certification of an interlocutory appeal concerning the April 20 preemption ruling and the April 27 causation-and-knowledge ruling. An interlocutory appeal is an appeal sought before the case has ended.
Order
The court ordered the plaintiffs to file any opposition by May 24, 2023. Any reply must be filed by June 7, 2023. The order also requires the party filing each brief to provide two courtesy copies to Chambers when the brief is filed. Judge Denise Cote’s order sets the briefing schedule; it does not rule on whether the requested interlocutory appeal will be certified.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.