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.

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