3rd Circ. Remands AstraZeneca Preemption Case

Law360, New York (May 5, 2009, 12:00 AM EDT) -- In light of the U.S. Supreme Court's blockbuster preemption decision in Wyeth v. Levine, a federal appellate court on Tuesday reversed and remanded a finding that federal law preempts state false advertising claims.

The U.S. Court of Appeals for the Third Circuit sent Pennsylvania Employee Benefit Trust v. Zeneca Inc. back to the U.S. District Court for the District of Delaware. In March, the Supreme Court vacated the Third Circuit's affirmation of that decision and remanded the case to the appellate court for reconsideration in light...
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