Xarelto MDL Judge Rejects Defendants’ Preemption-Based Motion for Summary Judgment

LOUISIANA — On the eve of the first bellwether scheduled to begin in the Xarelto multidistrict litigation, a Louisiana federal judge has rejected the defendant drug makers’ assertion that plaintiffs’ failure-to-warn and design defect claims are preempted by federal law.

In orders issued April 13, Judge Eldon Fallon of the U.S. District Court for the Eastern District of Louisiana denied motions for partial summary judgment filed by Janssen Pharmaceuticals Inc., Janssen Research & Development LLC, Janssen Ortho LLC, Johnson & Johnson, Bayer Pharma AG, and Bayer Healthcare Pharmaceuticals Inc.

The first trial has been set for April 24.

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