DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
171730P.pdf 09/10/2018 Jan Vallejo v. Amgen, Inc.
U.S. Court of Appeals Case No: 17-1730
and No: 17-2593
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Smith, Author, with Beam and Colloton, Circuit Judges]
Civil case - Civil procedure. In this action alleging plaintiff's
deceased's use of the biologic Enbrel causes him to develop
myelodysplastic syndrome, the district court did not abuse its discretion
in limiting the scope of plaintiff's general causation discovery; the
district court did not rely on misrepresented facts by defendant in
issuing its discovery orders; any error in limiting plaintiff's ability to
cross-examine defendant's discovery expert was harmless as the court did
not rely on his opinion in reaching its decision that the scope of
plaintiff's discovery demand was unreasonable; the district court was
under no obligation to order defendant to provide plaintiff the materials
the FDA requests - but does not require - from pharmaceutical companies
when it evaluates safety risks; the district court did not abuse its
discretion in imposing Rule 11 sanctions against plaintiff for abusing the
discovery process, disregarding the court's directives and repeatedly
relitigating issues decided by the court; the imposition of sanctions was
also permitted under 28 U.S.C. Sec. 1927 and the court's inherent power.