4th Circ. Tosses Generic-Drug Injury Appeal Against Pliva
By David McAfee (January 28, 2014, 9:55 PM EST) -- The Fourth Circuit on Tuesday affirmed a lower court's dismissal of claims brought against drugmaker Pliva Inc. for alleged injuries from using a generic version of the heartburn drug Reglan, holding that the district court didn't abuse its discretion when denying the plaintiff leave to amend.
The three-judge appellate panel ruled that named plaintiff Arthur L. Drager, pursuing the appeal on behalf of now-deceased metoclopramide user Shirley Gross, couldn't reverse a district court's decisions in favor of Pliva. The appeals court rejected Drager's argument that the lower court's denial of leave to amend was unlawful because the proposed amendments would have...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!