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judge rothstein

In re Phenylpropanolamine Prods. Liab. Litig.

Ruling
Products liability claim against drug manufacturer that was not scheduled by debtor was still property of the estate and could not be pursued by debtor personally.
Procedural posture

Plaintiff consumer had filed suit against defendant manufacturer, and the suit was transferred to a multidistrict proceeding before the court. The consumer alleged that he suffered injury following ingestion of a phenylpropanolamine-containing medication made by the manufacturer. Before the court was the manufacturer's motion for summary judgment, which was premised on a separate bankruptcy proceeding filed by the consumer.

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opinion summary, case decided on July 28, 2006 , LexisNexis #1006-043