Rusk et al v. Novartis Pharmaceuticals Corporation et al
| John Anthony Rusk and Judy Rusk |
| Barr Laboratories, Inc., Eon Labs, Inc., Novartis Pharmaceuticals Corporation, Sandoz Pharmaceuticals Corporation, Teva Pharmaceuticals USA Inc. and Wyeth-Ayerst Laboratories, Inc. |
| 1:2014cv00549 |
| June 11, 2014 |
| US District Court for the Western District of Texas |
| Austin Office |
| Lee Yeakel |
| Personal Injury: Health Care |
| 28 U.S.C. ยง 1332 Diversity-Petition for Removal |
| Plaintiff |
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Filing
34
REPORT AND RECOMMENDATIONS that Defendants 21 Motion to Dismiss be GRANTED WITHOUT PREJUDICE. It is further RECOMMENDED that Plaintiffs Motion for Leave to Amend be GRANTED. Specifically, the undersigned RECOMMENDS that Plaintiffs be granted leave to amend only their claims for wrongful off-label promotion and failure to supply adequate Medication Guides, as the remainder of their claims for relief related to the manufacture, marketing, distribution, and sale of amniodarone, Compl. at 131, are preempted as a matter of law. Signed by Judge Mark Lane. (klw)
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