8th Circ. Denies W. Va. Baycol Plaintiffs Bid To Refile

By Liz McKenzie

Law360, New York (January 05, 2010, 8:25 PM ET) -- A federal appeals court on Tuesday upheld a decision by the judge in the multidistrict litigation over cholesterol-lowering drug Baycol to enjoin plaintiffs from filing class actions against drug manufacturer Bayer Corp. in West Virginia courts since a similar action filed there was recently dismissed.

The U.S. Court of Appeals for the Eighth Circuit ruled against plaintiffs Keith Smith and Shirley Sperlazza, denying their appeal of a permanent injunction barring them from filing class actions over Baycol in their home state.

The judges said Sperlazza and...
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