Microsoft Ruling Dooms Cymbalta Labeling Suit: 9th Circ.

Law360, New York (October 12, 2017, 3:35 PM EDT) -- The Ninth Circuit on Thursday dismissed three consumers’ bid for class certification in litigation accusing Eli Lilly & Co. of hiding the magnitude of withdrawal risks for its antidepressant Cymbalta, finding that the U.S. Supreme Court’s recent decision in Microsoft Corp. v. Baker doomed the appeal.

The suit claims that while Eli Lilly's labels for Cymbalta state that withdrawal symptoms like dizziness, nausea, vomiting, nightmares and vertigo affect only 1 or 2 percent of users, that number is closer to 50 percent. Above, a production technician...
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Case Information

Case Title

Melissa Strafford, et al v. Eli Lilly and Company


Case Number

15-56808

Court

Appellate - 9th Circuit

Nature of Suit

4190 Other Contract Actions

Date Filed

November 24, 2015

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