Design Defect Claims in Invokana Action Preempted, Tenn. Federal Judge Rules

JACKSON, Tenn. — Design defect claims asserted in an Invokana action are federally preempted because it would have been impossible for the defendants to redesign the drug under state law while complying with federal law, a Tennessee federal judge has ruled.

On June 6, Judge Jon P. McCalla of the U.S. District Court for the Western District of Tennessee also dismissed the consumer protection act claim, ruling that the plaintiff failed to allege an ascertainable loss of money or property. However, the judge allowed the plaintiff to replead his product liability act claims with the requisite particularity.

Wardell Fleming sued …