Bradley Blansette v. Bayer Corporation ( 2020 )


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  •                  United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 20-1591
    ___________________________
    Bradley R. Blansette
    lllllllllllllllllllllPlaintiff - Appellant
    v.
    Bayer Corporation; Bayer HealthCare Pharmaceuticals Inc.; Bayer AG; Bayer
    Pharma AG; Merck & Company, Inc.
    lllllllllllllllllllllDefendants - Appellees,
    ____________
    Appeal from United States District Court
    for the District of Minnesota
    ____________
    Submitted: November 25, 2020
    Filed: December 3, 2020
    [Unpublished]
    ____________
    Before COLLOTON, SHEPHERD, and KOBES, Circuit Judges.
    ____________
    PER CURIAM.
    Bradley Blansette appeals following the district court’s1 dismissal of his
    member action in a multi-district litigation (MDL) for failure to comply with a case
    1
    The Honorable John R. Tunheim, Chief Judge, United States District Court for
    the District of Minnesota.
    management order. Upon careful review, we find that the district court did not abuse
    its discretion in dismissing Blansette’s action with prejudice, or in denying the motion
    for dismissal without prejudice. See Freeman v. Wyeth, 
    764 F.3d 806
    , 810 (8th Cir.
    2014) (MDL judge has greater discretion to create and enforce deadlines in order to
    administer litigation effectively, including power to dismiss cases where litigants do
    not follow court’s orders); Siems v. City of Minneapolis, 
    560 F.3d 824
    , 826 (8th Cir.
    2009) (standard of review); Hamm v. Rhone-Poulenc Rorer Pharms., Inc., 
    187 F.3d 941
    , 950 (8th Cir. 1999) (party may not dismiss merely to avoid adverse decision or
    seek more favorable forum). We also find no error in the denial of Blansette’s motion
    for the court to determine his settlement eligibility. See In re Joint E. & S. Dist.
    Asbestos Litig., 
    14 F.3d 726
    , 731 (2d Cir. 1993) (courts lack authority to compel
    parties to settle their cases).
    The judgment is affirmed. See 8th Cir. R. 47B.
    ______________________________
    -2-
    

Document Info

Docket Number: 20-1591

Filed Date: 12/3/2020

Precedential Status: Non-Precedential

Modified Date: 12/3/2020