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IN RE CELEXA & LEXAPRO MARKETING & SALES PRACTICES

No. 14-1290.

779 F.3d 34 (2015)

In re CELEXA AND LEXAPRO MARKETING AND SALES PRACTICES LITIGATION. Randy and Bonnie Marcus, on behalf of themselves and all other persons similarly situated, Plaintiffs, Appellants, v. Forest Laboratories, Inc. and Forest Pharmaceuticals, Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

February 20, 2015.

Attorney(s) appearing for the Case

R. Brent Wisner , with whom Baum, Hedlund, Aristei & Goldman, P.C. and Pendley, Baudin & Coffin, LLP were on brief, for appellant.

Edwin G. Schallert , with whom Debevoise & Plimpton LLP and Sugarman, Rogers, Barshak & Cohen, P.C. were on brief, for appellee.

Before LYNCH, Chief Judge, SELYA and KAYATTA, Circuit Judges.

This appeal arises out of a putative class action against Forest Pharmaceuticals, the manufacturer of Lexapro, an antidepressant medication. Plaintiffs claim that Lexapro's FDA-approved drug label misleads California consumers by omitting material efficacy information, in violation of California's Consumer Legal Remedies...

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