Could Cymbalta Class Fall in Wake of High Court's 'Microsoft' Ruling?
Eli Lilly & Co. plans to move this month to dismiss a long-standing appeal in a case brought on behalf of a proposed class of consumers who used Cymbalta, an antidepressant prescription drug, according to a status report filed this week. The reason: Monday's decision by the U.S. Supreme Court in "Microsoft v. Baker," which blocked a controversial procedural tool that allowed plaintiffs to appeal class certification orders by dismissing their own case.
June 15, 2017 at 11:00 AM
9 minute read
Could a class action lawsuit over Cymbalta be the first victim of Microsoft v. Baker?
Eli Lilly & Co. plans to move this month to dismiss a long-standing appeal in a case brought on behalf of a proposed class of consumers who used Cymbalta, an antidepressant prescription drug, according to a status report filed this week. The reason: Monday's decision by the U.S. Supreme Court in Microsoft v. Baker, which blocked a controversial procedural tool that allowed plaintiffs to appeal class certification orders by dismissing their own case.
It's the same tactic that was used in the Cymbalta case. Plaintiffs attorneys at Keller Rohrback and Baum Hedlund Aristei Goldman voluntarily dismissed their case in 2015 in order to petition the U.S. Court of Appeals for the Ninth Circuit to reverse two orders denying class certification.
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