Claims Against PLIVA in Generic Reglan Case Not Preempted, N.C. Federal Judge Rules

GREENVILLE, N.C. — A North Carolina federal judge has refused to reconsider his ruling denying PLIVA USA Inc.’s motion for summary judgment in a generic Reglan case, ruling that the plaintiffs’ remaining claims are not federally preempted because they are not based on labeling conduct.

On Sept. 8, Senior Judge Malcolm J. Howard of the U.S. District Court for the Eastern District of North Carolina explained that because the claims were narrowed to exclude any labeling conduct and are only based upon PLIVA’s alleged failure to comply with federal law, they cannot be preempted under an impossibility theory.

Gary Stoddard …