Lawyers hoping to resurrect a decade-old securities class action against Pfizer Inc. will make their case to a federal appeals court on Tuesday. To prevail, they’ll need to overcome not only the exclusion of a key expert on the eve of trial, but also Pfizer’s arguments that the plaintiffs’ own tactics doomed the litigation.
The U.S. Court of Appeals for the Second Circuit is set to hear arguments in the case, which alleges that Pfizer Inc. misled investors about cardiovascular risks associated with the painkillers Celebrex and Bextra. The hearing will pit Gregory Joseph of Joseph Hage Aaronson against Gibson, Dunn & Crutcher’s Miguel Estrada, who’s expected to argue for Pfizer. Grant & Eisenhofer has led the plaintiffs’ case at the district court and is also participating in the appeal. Estrada is joined on the defense team by Beth Wilkinson of Paul, Weiss, Rifkind, Wharton & Garrison, Lynn Neuner of Simpson Thacher & Bartlett and John Wellschlager of DLA Piper.
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