STORY FROM: Drugs & Medical Devices
2nd Cir. Upholds Dismissal of 15 Eliquis Actions, Says Claims Preempted
March 27, 2019
NEW YORK — A federal appeals court has refused to reinstate 15 Eliquis actions, affirming that the negligence and strict liability claims are preempted because the defendants were barred by federal law from unilaterally changing the Eliquis label to include additional warnings.
In a March 26 opinion, the 2nd Circuit U.S. Court of Appeals further upheld the lower court’s denial of the plaintiffs’ motion to remand the cases to state court, ruling that the actions were properly removed because the defendants had not yet been served with the complaints.
In 2015, plaintiffs nationwide began to sue Bristol-Myers Squibb Co. and ...
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