On October 15, CCL Chief Litigation Counsel Louis Bograd appeared in New Jersey Superior Court, Appellate Division, in Newark to argue for affirmance of an order denying motions to dismiss or for summary judgment in the consolidated In re Reglan Litigation. In both May 2012 and May 2013, Judge Carol Higbee, who was in charge of the consolidated litigation, denied dispositive motions filed by numerous manufacturers of generic metoclopramide on grounds of federal preemption. Judge Higbee ruled that generic drug manufacturers that had not revised their labeling to include warnings approved by the FDA for the Reglan label in 2004 were subject to failure-to-warn claims and that such claims were not preempted. Defendants successfully applied for interlocutory review of those orders, claiming that the trial court’s rulings were incorrect under Buckman Co. v. Plaintiffs’ Legal Committee. CCL Attorney Bograd explained to the Appellate Division that defendants’ arguments were based on a false characterization of plaintiffs’ claims: Plaintiffs were not suing because the labeling on generic metoclopramide violated the federal duty of “sameness” (that the labeling match that of Reglan), but rather for violation of the state law duty to provide consumers of the drugs, and their doctors, with adequate warnings of metoclopramide’s risks. A decision is expected within a few months.