Pfizer Urges MDL Court to Reject Purchaser Plaintiffs' 'Market' Theory

SAN FRANCISCO - Purchase claims plaintiffs in the federal Bextra/Celebrex MDL have failed to allege facts essential to state a claim under state consumer fraud statutes, warranty law or unjust enrichment law, Pfizer Inc. asserts in motions to dismiss plaintiffs' second amended master complaints. In Re: Bextra and Celebrex Marketing, Sales Practices and Product Liability Litigation, MDL No. 1699 (N.D. Calif.).

The Jan. 31 motions, filed in the U.S. District Court for the Northern District of California, state that the plaintiffs have eschewed opportunities to adequately amend the complaints in favor of resting on an attenuated 'market' theory of causation …