9th Cir. Remands 5 Cases Alleging Link Between Diabetes Drugs and Pancreatic Cancer

SAN FRANCISCO — The 9th Circuit U.S. Court of Appeals has sent to state court five lawsuits alleging a link between certain diabetes drugs and pancreatic cancer, holding that none of the cases constitute a “mass action” under the Class Action Fairness Act.

In an Aug. 6 opinion, the appellate court held that none of the plaintiffs deliberately or implicitly proposed that their claims be tried jointly.

Five distinct groups of plaintiffs filed suit in the San Diego Superior Court, alleging tort claims against manufacturers and a distributor of incretin-based drugs, including Byetta, which is manufactured and promoted by …