5th Cir. Rejects Challenge of Dismissal of Claims Against Metoclopramide Maker

NEW ORLEANS – A Louisiana federal court properly denied a motion to alter or amend its dismissal of claims brought against a maker of generic Reglan, a federal appeals court ruled, finding that the lower court correctly applied the appellate court’s mandate to dismiss the claims in light of Pliva v. Mensing.

On Oct. 25, the 5th Circuit U.S. Court of Appeals explained that the mandate plainly vacated the District Court’s previous order allowing the failure-to-warn claims to go forward and directed the court to grant judgment in favor of Actavis Inc.

Julie Demahy sued Wyeth Inc., Schwarz Pharma Inc. …