Metabolife Awarded Summary Judgment Based on Lack of General Causation Evidence, Plaintiffs File Appeal in Fifth Circuit
December 22, 2003
DOCUMENTS
- Motion for Summary Judgment
- Notice of Appeal
- Ruling
LAFAYETTE, La. - The plaintiffs in a Metabolife-related injury suit recently filed a notice of appeal in the Fifth Circuit, arguing that the trial court erred in awarding the manufacturer summary judgment based on the lack of general causation evidence linking the ingestion of ephedra and ischemic stroke. Paula Cochran v. Metabolife International Inc. No. 01-1906 (W.D. La., Lafayette-Opelousas Div.).
On Dec. 2, U.S. District Judge Richard T. Haik agreed with Metabolife's argument that the plaintiffs failed to meet their burden of proof because there are no scientifically accepted, peer-reviewed studies concluding that Metabolife 356, a supplement containing ephedra and …
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