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To effectively manage the rapidly growing litigation, Judge Marston established a pretrial process that directed the parties to focus early discovery and motions practice on resolving a number of cross-cutting issues in the GLP-1 lawsuits, including whether plaintiffs should be required to present specific diagnostic testing evidence to substantiate their injuries, whether the claims are preempted by federal law, and whether there is sufficient general causation evidence linking gastrointestinal injuries to GLP-1 drugs, which is expected to address whether the failure to warn claims survive

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