Zantac MDL Judge Allows Appeals on Preemption Rulings

MIAMI — The Florida federal judge overseeing the Zantac multidistrict litigation docket has ruled that a Rule 54(b) partial final judgment should be entered as to all federal preemption rulings in cases involving both generic and retailer defendants to avoid piecemeal appeals.

In a Nov. 1 order, Judge Robin L. Rosenberg of the U.S. District Court for the Southern District of Florida explained that plaintiffs have already appealed the preemption rulings in cases involving only generic defendants, therefore “there is a possibility that eventually the parties could receive different, inconsistent rulings on federal preemption in every circuit court in the …