Soon-Shiong
Mylan Laboratories Inc. v. Soon-Shiong
Opinion
Lead Opinion
Weisman, J.
Appellants Patrick Soon-Shiong and American Bio-science, Inc., appeal from: (1) an order denying their motion to intervene in the instant lawsuit previously filed by Mylan Laboratories Inc. v. Terrence Soon-Shiong, Gregory Soon-Shiong, VivoRx, Inc., and VivoRx Diabetes, Inc.; and (2) an order denying their motion for a preclusive order. The basis for the motion to intervene was to make appellants a party to the existing lawsuit (the lawsuit) in order to provide them with standing to assert a privilege and the work product doctrine with respect to a document being utilized in the lawsuit by plaintiff Mylan Laboratories Inc. (Mylan) and to allow them standing to seek a preclusive order preventing Mylan from using the document in any litigation. The preclusive order was sought on the basis that the confidential document was allegedly obtained by an agent of Mylan’s who improperly entered appellant Patrick Soon-Shiong’s private office and “stole” the document from his private and secure location. The superior court denied without explanation the motion to intervene and the motion for a preclusive order.