9th Circ. Vacates Drug Liability MDL Ruling Favoring Merck

Law360, New York (December 7, 2017, 3:46 PM EST) -- A Ninth Circuit panel on Wednesday vacated a win for Merck Sharp & Dohme Corp. and other drugmakers in a suit claiming that they failed to warn consumers about pancreas problems from Type 2 diabetes drugs, sending the class action back to the district court that the panel said erroneously interpreted a U.S. Supreme Court ruling.

In the unpublished unanimous decision, the panel agreed with the consumers that the California federal judge misread Buckman Co. v. Plaintiffs' Legal Committee — the high court decision that found...
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