Ninth Circuit to hear Bayer, Wyeth & Roche Appeals in February
Our Comment:
On February 11, 2009 the Ninth Circuit Court of Appeals is scheduled to hear the appeal of the grant of Bayer, Wyeth & Roche’s summary judgement motions. The issue on appeal in both cases is whether or not the outside sales exemption applies to their pharmaceutical representatives. Our group looks forward to arguing this issue in front of the Court of Appeals and are optimistic that the court will find that no exemption applies.
Due to recent backlogs in the Ninth Circuit a decision will not be expected until later this year or potentially early 2010.
