Judge Denies Metabolife's Motion to Dismiss Class Allegations, Medical Monitoring Claim

HUNTSVILLE, Ala. - Metabolife's motion to dismiss the claims asserted by an Alabama man seeking to represent a statewide class of individuals who sustained injuries as a result of using the weight loss supplement was granted in part and denied in part by a federal judge. Larry W. Langston, et al., v. Metabolife International, Inc., et al., No. CV-02-CO-2352-S (N.D. Ala., Southern Div.).

In an opinion docketed Aug. 8, U.S. District Judge L. Scott Coogler opined that the plaintiffs could assert class allegations and pursue claims for medical monitoring, failure to test, and breach of implied warranty of merchantability. However, …