10th Circuit Reverses Judgment In Herceptin Underfill MDL; No Federal Preemption

(June 1, 2020, 2:26 PM EDT) -- DENVER — The 10th Circuit U.S. Court of Appeals on May 29 reversed summary judgment in the Herceptin cancer drug underfill multidistrict litigation, saying the MDL court erred in finding that the claims are preempted by federal law (In Re:  MDL 2700 Genentech Herceptin [Trastuzumab] Marketing and Sales Practice Litigation, [Tulsa Cancer Institute, PLLC, et al. v. Genentech, Inc.], No. 19-5035, 2020 U.S. App. LEXIS 17040)....

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