8th Circ. Revives Class Action Over KV Recalls

Law360, New York (January 19, 2011, 3:56 PM EST) -- The Eighth Circuit on Wednesday revived a class action against KV Pharmaceutical Co. over its recalls of hypertension drug metoprolol succinate ER, finding that the plaintiffs' claims are not preempted by federal law.

The U.S. Court of Appeals for the Eighth Circuit said that the Federal Food, Drug and Cosmetic Act does not preempt the plaintiffs' claims for breach of implied warranty of merchantability or violations of Missouri law.

The three-judge panel rejected KV's argument that the claims were preempted because they were based on violations...
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