8th Cir. Upholds Summary Judgment Award to Mirapex Maker in Compulsive Gambling Case
January 16, 2019
MINNEAPOLIS — A federal appeals court has upheld an award of summary judgment to Boehringer Ingelheim Pharmaceuticals Inc. in a Mirapex compulsive gambling case, finding the claims are time-barred under California’s two-year statute of limitations.
In a Jan. 10 opinion, the 8th Circuit U.S. Court of Appeals concluded that the undisputed evidence does not establish that the plaintiff was rendered “insane” by the Parkinson’s drug; therefore the statute of limitations was not tolled.
The appellate court also rejected the plaintiff’s argument that each ingestion of Mirapex gave rise to a separate and distinct claim. The plaintiff failed to identify …
- Bahe Cook Cantley & Jones
- Nilan Johnson Lewis