November 2017 — The 9th Circuit of U.S. Court of Appeals returned the decision that the district court had misapplied the Supreme Court case Buckman Co. v Plaintiffs’ Legal Committee. They ruled that the case had been misapplied in two ways. The first was the district court relying on Buckman to impermissibly circumscribe discovery. The second was the court relying on Buckman to deem the plaintiffs’ newly discovered evidence “irrelevant” to the court’s preemption analysis at the summary judgment stage. Either of these errors, independently, would have warranted a reversal on the dismissal decision. The court’s opinion further holds that the court abused its discretion in partially excluding the plaintiffs’ expert, Dr. Fleming. Now, the 749 previously dismissed cases, along with new cases that have joined MDL 2452 since the original dismissal, will continue toward trial in the Southern District of California.
Reference: Battaglia, Anthony J. “In Re Incretin Mimetics Prods. Liab. Litig.” Legal Research Tools from Casetext, 13 May 2014, www.casetext.com/case/in-re-incretin-mimetics-prods-liab-litig-3.
Schrama, Martin P., and Stefanie Colella-Walsh. “Byetta, Januvia/Janumet & Victoza Cases Reinstated: Drugmakers React.” Mass Torts Law Blog, 9 Nov. 2018, www.masstortslawblog.com/2018/11/byetta-januvia-janumet-victoza-cases-reinstated/.
