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Baker Sterchi Obtains Dismissals for Generic Pharmaceutical Manufacturer

Baker Sterchi Cowden & Rice successfully defended a generic pharmaceutical manufacturer in litigation concerning the manufacturer’s prescription weight loss product, by obtaining dismissals, with prejudice, in two separate cases previously pending in two separate jurisdictions.

In the first victory, filed by the claimant in a Virginia state court, the Court dismissed the case on statute of limitations grounds, although a separate motion to dismiss addressing federal preemption of plaintiff’s claims was also pending.

In the second victory, originally filed by the claimant in Nevada state court and removed by Baker Sterchi to the United States District Court for the District of Nevada, the Court, after briefing and oral argument, granted Baker Sterchi’s motion to dismiss, with prejudice, for failure to state a claim due to the proper application of federal preemption of plaintiff’s claims against the generic pharmaceutical manufacturer. 

Services: Pharmaceutical & Medical Device, Product Liability
Attorneys: Thomas E. Rice and Megan Sterchi Lammert


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