Plaintiffs Fail to Backdoor Expansive Early Discovery in GLP-1 MDL

Litigation attorney Eric Alexander authored a Drug & Device Law article discussing a recent decision in the GLP-1 receptor agonist medication multidistrict litigation (MDL), where plaintiffs failed to obtain expansive early discovery on marketing practices. The article notes that the court maintained its original ruling to focus initial discovery on three threshold issues: gastroparesis diagnostic testing, preemption and adequacy of warnings, and general causation. Mr. Alexander explains that by limiting the scope of early discovery, the court increased the likelihood of clear decisions on the adequacy of warnings in labels and the preemption of certain label-based warnings claims, rejecting plaintiffs' arguments that marketing conduct was necessary to determine warning adequacy.

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