Appeals Court Reinstates Ephedra Suit

Law360, New York (August 31, 2007, 12:00 AM EDT) -- A Florida appeals court revived a product liability suit over the weight-loss product Metab-O-LITE Wednesday, saying a motion to dismiss was filed too late.

In its decision, a three-judge panel of the District Court of Appeal of the State of Florida Fourth District ruled that Rexall Sundown should have asked for the dismissal within 60 days of the case being filed.

The suit against Rexall Sundown was filed by the estate of John Fihe in Palm Beach County, Fla. in 2003. The suit alleged that Fihe...
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