While GlaxoSmithKline and the plaintiffs firm leading dozens of thalidomide injury suits against the company have largely agreed on the dismissal of 31 of those claims against GSK, the pharmaceutical company is now diverging from the law firm on an attorney-client privilege issue before the Third Circuit.

Plaintiffs firm Hagens Berman Sobol Shapiro has asked the U.S. Court of Appeals for the Third Circuit to stay a district court order requiring the 31 plaintiffs be interviewed to ensure they are knowingly agreeing to their cases being dismissed. The firm wants the stay until the Third Circuit can rule on the merits of Hagens Berman’s petition for mandamus seeking an order requiring the district court to dismiss the cases without any interviews of the plaintiffs.