June 28, 2018 / 12:14 AM / a year ago

Bayer, J&J push for appellate review in Xarelto MDL

Bayer and Johnson & Johnson on Wednesday urged the federal judge overseeing lawsuits alleging injuries from their bestselling blood thinner Xarelto to allow an appeals court to decide whether the cases are federally preempted, claiming their previous trial wins have forestalled a ruling on the issue.

“In a way we’re victimized by our success because we can’t get the preemption issue squarely in front of the appeals court,” Steven Glickstein of Arnold & Porter told U.S. District Judge Eldon Fallon in New Orleans, Louisiana, during a hearing on the companies’ motion for interlocutory appeal to the 5th U.S. Circuit Court.

To read the full story on Westlaw Practitioner Insights, click here: bit.ly/2Iuc4E1

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