Opinion
NO. 2016 CW 1013
11-28-2016
STATE OF LOUISIANA, BY AND THROUGH ITS ATTORNEY GENERAL JAMES CALDWELL v. SMITHKLINE BREECHEM CORPORTATION D/B/A GLAXOSMITHKLINE PLC Consolidated with STATE OF LOUISIANA, BY AND THROUGH ITS ATTORNEY GENERAL JAMES CALDWELL v. PFIZER INC. AND WARNER-LAMBERT COMPANY, LLC
In Re: SmithKline Breechem Corporation d/b/a GlaxoSmithKline PLC, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 636032 c/w 638506. BEFORE: WHIPPLE, C.J., GUIDRY, PETTIGREW, McCLENDON AND CALLOWAY, JJ.
WRIT GRANTED. Pursuant to our review, we find that the trial court abused its discretion in ordering the consolidation of State of Louisiana v. SmithKline Beecham Corporation d/b/a GlaxoSmithKline, Suit No. 636, 032 with State of Louisiana v. Pfizer, Inc. and Warner-Lambert, LLC, Suit No. 638,506, pursuant to La. Code Civ. P. art. 1561. Therefore, the July 14, 2016 judgment ordering consolidation is reversed and the case is remanded for further proceedings.
JMG
JTP
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Whipple, C.J. and Calloway, J., dissent and would deny the writ and decline to exercise supervisory jurisdiction. See Herlitz Construction Company, Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam). COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT
Calloway, J., serving as judge pro tempore of the Court of Appeal, First Circuit, by special appointment of the Louisiana Supreme Court.