W.Va. Plaintiffs To Fight Baycol MDL Ruling In 8th Circ.

By Erin Fuchs

Law360, New York (November 16, 2009, 1:54 PM ET) -- A federal appeals court will hear arguments Tuesday in a dispute over whether the judge in charge of multidistrict litigation over the cholesterol-lowering drug Baycol was empowered to enjoin plaintiffs from filing similar product liability class actions against Bayer Corp. in West Virginia.

The U.S. Court of Appeals for the Eighth Circuit will hear from the drug giant defendant and West Virginia plaintiffs Keith Smith and Shirley Sperlazza, who are appealing a permanent injunction blocking them from filing class actions over Baycol in their home state....
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