Negligent Misrepresentation Claim Tossed in Mo. Federal Belviq Case

  • Order

KANSAS CITY, Mo. — A Missouri federal judge dismissed a negligent misrepresentation claim in a lawsuit concerning the recalled weight loss drug Belviq, ruling that it failed to meet the heightened pleading requirements of Federal Rule of Civil Procedure 9(b).

In an Oct. 14 order, Judge Greg Kays of the U.S. District Court for the Western District of Missouri explained that because the claim sounds in fraud, the heightened pleading requirement applies.

Amy Davis filed the action against Arena Pharmaceuticals Inc. and Eisai, alleging her use of Belviq caused or significantly contributed to her development of breast cancer.

Belviq, originally …


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