9th Cir. Refuses to Reinstate Cymbalta Action Following Voluntary Dismissal
January 17, 2020
DOCUMENTS
- Memorandum
SAN FRANCISCO — A federal appellate panel has refused to reinstate a Cymbalta action against Eli Lilly & Co. after the plaintiffs had voluntarily dismissed their claims, ruling that they failed to demonstrate the existence of “extraordinary circumstances justifying the reopening a final judgment.”
In a Jan. 16 decision, the 9th Circuit U.S. Court of Appeals panel concluded that plaintiffs’ choice to move for a voluntary dismissal was the kind of “free, calculated, deliberate choice not to be relieved from” through a Rule 60(b)(6) motion.
The appeal arises from a putative class action lawsuit against Eli Lilly for alleged injuries …
UPCOMING CONFERENCES
HarrisMartin's MDL Conference: Video Game Addiction and the Latest Mass Tort Updates
May 29, 2024 - Salt Lake City, UT
The Grand America Hotel
HarrisMartin's Mass Tort Settlements Conference - Sponsored by Milestone
June 27, 2024 - Buffalo, NY
The Richardson Hotel Buffalo