Cherokee Nation Allowed to Proceed with Avandia Suit against GlaxoSmithKline in Cherokee Courts

Here are the materials in GlaxoSmithKline LLC v. Cherokee Nation (D. Mass.):

62 GlaxoSmithKline Motion

63 US Memorandum

65 Cherokee Nation Motion

68 GlaxoSmithKline Reply

70 Cherokee Nation Reply

79 DCT Order

An excerpt:

The dispute in this case centers on a 2012 settlement agreement entered into by Plaintiff GlaxoSmithKline LLC (“GlaxoSmithKline” or “GSK”) in connection with its plea in a  criminal proceeding, United States of America v. GlaxoSmithKline, LLC, Criminal Action  No. 12-10206-RWZ (D. Mass). GlaxoSmithKline now seeks a declaratory judgment that claims brought by the Cherokee Nation in the District Court of the Cherokee Nation were released by the settlement agreement. Presently at issue are GlaxoSmithKline’s Renewed Cross-Motion for Summary Judgment [#61] and the Cherokee Nation’s Cross-Motion for Summary Judgment [#64]. For the following reasons, GlaxoSmithKline’s motion is DENIED and the Cherokee Nation’s motion is ALLOWED.

We posted the complaint here.