Not All of Plaintiffs' Ephedra Claims 'Subsumed' Within Liability Doctrine, U.S. District Court Rules

BIRMINGHAM, Ala. - A federal court in Alabama has found that not all of the plaintiffs' claims in a case stemming from the consumption of Metabolife 356 may be subsumed under the Alabama Extended Manufacturer's Liability Doctrine (AEMLD). Johnny C. McClain and Annie McClain, et al. v. Metabolife International, Inc., No. CV 01-BU-1801-S (S.D. Ala.).

In an opinion filed March 27, the Southern District of Alabama court denied Metabolife International, Inc.'s motion for summary judgment for two of the five claims it had contested. Metabolife's additional argument that the plaintiffs' AEMLD claims are due to be dismissed because the plaintiffs' …