8th Circ. Upholds Another Dismissal In Baycol MDL

By Abigail Rubenstein

Law360, New York (March 04, 2010, 1:44 PM ET) -- A federal appeals court has affirmed the dismissal of a suit in the multidistrict product liability litigation over Bayer Corp.'s cholesterol-lowering drug Baycol.

The U.S. Court of Appeals for the Eighth Circuit on Wednesday affirmed a lower court's decision to grant Bayer summary judgment in plaintiff David Flesner's failure-to-warn case.

The appeals court held that the U.S. District Court for the District of Minnesota rightly dismissed Flesner's claims for strict liability, negligence, express and implied warranty, and unjust enrichment against the pharmaceutical company.

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