Move For Interlocutory Appeal Denied In Reglan Case

Law360, New York (April 14, 2009, 12:00 AM EDT) -- Generics makers including Teva Pharmaceuticals USA Inc. and Barr Pharmaceuticals LLC have lost their bid for an interlocutory appeal of a ruling denying their motions for summary judgment in a failure-to-warn suit over generic versions of Wyeth Inc.'s heartburn drug Reglan, arguing unsuccessfully that the claims in the suit are preempted by federal law.

Judge William K. Sessions III of the U.S. District Court for the District of Vermont ruled Friday that the U.S. Supreme Court's recent decision in Wyeth v. Levine made clear that drugmakers...
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