Supreme Court of Alabama

Ex Parte Par Pharmaceutical, Inc. (in Re State of Alabama v. Par Pharmaceutical, Inc.). ex Parte Mylan Inc., Mylan…

September 30, 20102010 Ala. LEXIS 184

Summary

The Supreme Court of Alabama denied mandamus petitions seeking to vacate an order consolidating the State’s claims against Par and Mylan for a joint trial. The court held that the petitions improperly sought interlocutory review of arguments concerning the merits of pending summary-judgment motions and that the trial court had not exceeded its discretion in finding common questions or determining that careful trial management could minimize prejudice and jury confusion. The court also held that the request to stay proceedings pending another appeal was not properly reviewable by mandamus and lifted its own stay. Justice Murdock, dissenting, would have rejected consolidation because of the factual complexity and risk of jury confusion and prejudice.