8th Circ. Won't Rehear KV Drug Recall Action

Law360, New York (May 11, 2011, 9:24 PM EDT) -- The Eighth Circuit on Wednesday declined to reconsider greenlighting a product liability class action against KV Pharmaceutical Co. over recalls of a drug that treats high blood pressure.

The Eighth Circuit will not grant a rehearing or en banc rehearing of its January decision to revive the class action, filed after the U.S. Food and Drug Administration requested recalls of metoprolol succinate ER. Circuit Judge Steven Colloton, who did not sit on the original three-judge panel, was the only judge to support the idea of a...
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