Claim Preclusion Bars Zyprexa Plaintiff’s Action, 7th Cir. Affirms

CHICAGO — Claim preclusion bars a Zyprexa injury action against Eli Lilly & Co. (NYSE: LLY) because the plaintiff’s claim had already been adjudicated in a New York federal court, the 7th Circuit U.S. Court of Appeals has affirmed.

On Nov. 5, the appellate court explained that under New York law, which governs this case, a final judgment bars future actions between the same parties on the same cause of action.

Linda Rutledge took Zyprexa in 1999 and sued Lilly 11 years later in the U.S. District Court for the Eastern District of New York, accusing it of failing to …