STORY FROM: Drugs & Medical Devices
La. Invokana Action Dismissed Without Prejudice; Plaintiff May Seek Leave to Amend
February 22, 2016
NEW ORLEANS — A federal judge has dismissed an Invokana injury action, ruling that the plaintiff failed to adequately plead her Louisiana Products Liability Act claims of defective construction, defective design and inadequate warning.
In a Feb. 17 order, Judge Martin L.C. Feldman of the U.S. District Court for the Eastern District of Louisiana further ruled that the plaintiff failed to adequately plead her breach of express warranty claim because she did not allege that she was ever informed of the express warranty or that it induced her to use Invokana.
However, the judge further held that if the plaintiff ...
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