Wyeth Wins Brawl Over Heartworm Drug In 1st Circ.

Law360, New York (June 3, 2010, 4:21 PM EDT) -- A federal appeals court has affirmed that a pet owner can't hit Wyeth Pharmaceuticals Inc. with a class action over its recalled ProHeart 6 because her dog never actually suffered any injuries from the heartworm preventive drug.

The U.S. Court of Appeals for the First Circuit on Wednesday affirmed the dismissal for failure to state a claim of Jessica Rule's putative class action against Wyeth, acknowledging the case relates to a legal issue on which case law is still evolving.

Rule, a Massachusetts resident, didn't allege...
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