NuvaRing®, the combined contraceptive vaginal ring that is supposed to provide month-long birth control, is currently involved in a Multi-District Litigation (“MDL”) in the United States District Court for the Eastern District of Missouri. Plaintiffs have advanced claims that NuvaRing® is responsible for injuries in some individuals.
The Court recently denied a motion by Defendants to dismiss the Master Consolidated Complaint in the MDL. On August 17, 2009, Defendants filed a motion for certification of an interlocutory appeal. Defendants seek the Court’s permission to challenge the denial of Defendants’ motion to dismiss. In plain English, this means that Defendants are attempting to appeal in the middle of the ongoing case. Defendants base their proposed appeal on the contention that the Court misapplied controlling precedent in Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009) and the standards found in the Federal Rules of Civil Procedure. Iqbal is a recent case that made it easier for courts to dismiss a Plaintiff’s complaint. If the Court allows an interlocutory appeal, it will probably significantly delay the proceedings.