9th Cir. Refuses to Reinstate Cymbalta Action Following Voluntary Dismissal

  • Memorandum

SAN FRANCISCO — A federal appellate panel has refused to reinstate a Cymbalta action against Eli Lilly & Co. after the plaintiffs had voluntarily dismissed their claims, ruling that they failed to demonstrate the existence of “extraordinary circumstances justifying the reopening a final judgment.”

In a Jan. 16 decision, the 9th Circuit U.S. Court of Appeals panel concluded that plaintiffs’ choice to move for a voluntary dismissal was the kind of “free, calculated, deliberate choice not to be relieved from” through a Rule 60(b)(6) motion.

The appeal arises from a putative class action lawsuit against Eli Lilly for alleged injuries …


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