Judge Cites Cert Grant In Keeping Lexapro Cases Alive

Law360, New York (July 25, 2008, 12:00 AM EDT) -- A federal judge on Thursday denied Forest Laboratories Inc.'s motion to dismiss 22 actions in the Celexa and Lexapro multidistrict litigation because of the U.S. Supreme Court's decision to grant certiorari in Levine v. Wyeth, which also deals with the question of federal preemption in product liability suits.

On July 18, Forest asked the U.S. District Court for the Eastern District of Missouri to dismiss close to half of the claims against the company in the suit because of conflict preemption.

That motion dealt only with...
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