STORY FROM: Drugs & Medical Devices

Calif. Federal Judge Remands Onglyza Action, Says Claims Against McKesson May be Viable

SAN FRANCISCO — A California federal judge has remanded an Onglyza action to state court, ruling that non-diverse defendant McKesson Corp. failed to show that the claims against it are obviously without merit under state law.

On April 24, Judge Jon S. Tigar of the U.S. District Court for the Northern District of California explained that, in California, it is not settled as to whether a plaintiff may bring a strict liability action against a distributor who is not part of the vertical chain of distribution that provided the product that caused the alleged harm.

As such, the judge concluded ...

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Sanders Phillips Grossman

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