Court Allows Discovery Ahead of Plaintiffs' Response to Preemption Motion

ST. LOUIS - A federal judge has permitted plaintiffs in the Celexa and Lexapro MDL to conduct additional discovery before responding to a defense motion to dismiss numerous claims based on federal preemption. In re Celexa and Lexapro Products Liability Litigation, MDL No. 1736 (E.D. Mo.).

Judge Rodney W. Sippel of the U.S. District Court for the Eastern District of Missouri denied defendant Forest Laboratories and Forest Pharmaceuticals Inc.'s motion without prejudice so that it may be re-filed after plaintiffs have completed their requested discovery.

Judge Sippel also noted that the U.S. Supreme Court has granted certiorari in a case …