Alaska Judge Finds State's Claim Against Eli Lilly not Preempted, Remands Case

ANCHORAGE, Alaska - A federal judge in Alaska has returned the State's case against Eli Lilly to state superior court, finding that the plaintiff seeks relief only under Alaska statute in its case against the manufacturer for allegedly failing to disclose the dangers of its Zyprexa antipsychotic. State of Alaska v. Eli Lilly & Co. No. 3:06-cv-88 (D. Alaska).

On July 28, Judge Timothy M. Burgess of the U.S. District Court for the District of Alaska granted the State of Alaska's motion to remand, finding that the State's case is not preempted because the plaintiff seeks 'relief under Alaska statutes …