March 14, 2019 / 8:14 PM / 7 months ago

Bayer cannot litigate Essure injury lawsuit in federal court - 4th Circuit

A federal appeals court on Thursday tossed Bayer AG’s bid to force a North Carolina woman and her husband to litigate claims that it failed to warn of the dangers associated with its birth control device Essure in federal rather than state court.

A three-judge panel of the 4th U.S. Circuit Court of Appeals rejected Bayer’s contention that Kristiana Burrell’s lawsuit belonged in a federal court because the case will require the resolution of important federal legal questions given that Essure is regulated by the U.S. Food and Drug Administration.

To read the full story on WestlawNext Practitioner Insights, click here: bit.ly/2JrkuBZ

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