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Widener Univ. School of Law

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Thursday, February 8, 2007

Consumers Union, Mental Health Groups Seek to De-Designate Zyprexa Documents

The Bazelon Center for Mental Health Law has gotten in on the Zyprexa documents party, filing a motion (press release) on behalf of Consumers Union and several mental health organizations seeking the de-designation of the documents at the center of the document leak dispute. 

Of note, none of the groups making the request have had any involvement in any of the dispute to date, and there's been no allegation that they're involved in distributing the documents.  They explicitly state that they have not actually seen the documents and are basing their motion on the NYT coverage.  Indeed, judging from their affiliations (psychiatric groups, heads of state mental health agencies, etc.), I think it's safe to say that they're generally on the other side on many issues from folks like James Gottstein, MindFreedom, and the like.

The argument centers on what you'd expect it to - the lack of trade secrets in the documents as described in the Times, the lack of countervailing interest in keeping the documents secret, and the public interest.  It does not make the bell-has-run-already argument.

It's a well-done brief and worth a read: Download ZYPREXAMOTION.pdf

http://lawprofessors.typepad.com/tortsprof/2007/02/consumers_union.html

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