Montana's Zyprexa Suit Against Lilly Will Remain in New York MDL

NEW YORK - A lawsuit brought by the Montana Attorney General accusing Eli Lilly of marketing its antipsychotic drug Zyprexa for "off-label" uses will remain in New York federal court for pretrial proceedings because it involves a "substantial and disputed federal issue," a New York federal judge has ruled. In re Zyprexa Products Liability Litigation, No. 04-MD-1596, E.D. N.Y.).

On Feb. 12, Senior District Judge Jack Weinstein of the Eastern District of New York found that resolution of the attorney general's claims depends on decisive federal questions, including the claims based upon Montana's participation in the federal Medicaid program.