A federal judge has rejected Santa Clara County, California’s bid to have its case against GlaxoSmithKline over Avandia removed from the federal multidistrict litigation over the diabetes drug, but made way for an appellate court to immediately review the decision.

U.S. District Judge Cynthia Rufe of the Eastern District of Pennsylvania ruled that the Philadelphia-based MDL has jurisdiction over the case, which was filed in 2010 over claims that the company “bilked” purchasers of the diabetes drug. Hoping for a finding that there was no federal jurisdiction, the plaintiff was seeking to have the case sent to state court.

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