TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Friday, March 14, 2008

PA Judge: No Preemption in Paxil Labeling Suit

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. has the details.


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