Friday, March 14, 2008
Judge Allan L. Tereshko, the coordinating judge of Philadelphia Common Pleas Court's Complex Litigation Program, denied GlaxoSmithKline's preemption-based motion for summary judgment on Tuesday. The court held that federal law does not preempt state law claims that the pharmaceutical company breached its duty to warn users of Paxil about the alleged association between the drug and suicidality. This was the first of 60 cases pending in the Philadelphia Paxil program. Nationwide, courts are split over the preemption defense in Paxil cases. Law.com has the details.