Mealey's Litigation Procedure - Preemption Summary Judgment Reversed By 9th Circuit In Incretin Mimetic MDL Appeal

Mealey's Litigation Procedure - Preemption Summary Judgment Reversed By 9th Circuit In Incretin Mimetic MDL Appeal

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Dec. 6 unsealed its Nov. 28 opinion reversing summary judgment in the incretin mimetic multidistrict litigation, saying the MDL judge misapplied a U.S. Supreme Court precedent, improperly blocked discovery, misinterpreted what constituted new evidence and improperly disqualified a plaintiff expert (In Re: Incretin-Based Therapies Products Liability Litigation, Jean Adams, et al. v. Merck Sharp & Dohme Corp., et al., No. 15-56997, 9th Cir., 2017 U.S. App. LEXIS 24674).

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