Zyprexa Plaintiffs Counter Lilly's Preemption, Distributor Arguments

NEW YORK - Plaintiffs in the Zyprexa litigation have filed an omnibus motion, asking the court to reject defendant Eli Lilly's preemption- and fraudulent joinder-based arguments that served as the basis for their removing the claims to federal court. In re: Zyprexa Products Liability Litigation, MDL No. 1596 (E.D. N.Y.)

In a motion filed Oct. 27 in U.S. District Court for the Eastern District of New York, plaintiffs in approximately 30 Zyprexa cases originally filed in California and Indiana maintained that numerous courts have already upheld their causes of action against a distributor of the drug, and flatly rejected the …