10th Circ. Remands Wyeth, GSK Suits Over Preemption

Law360, New York (June 2, 2010, 7:30 PM EDT) -- The U.S. Court of Appeals for the Tenth Circuit has vacated and remanded summary judgment rulings for GlaxoSmithKline PLC and Wyeth Pharmaceuticals in two closely watched product liability cases so lower courts can reconsider the issue of preemption in light of Wyeth v. Levine.

The appeals court said Wednesday that the lower courts in both Dobbs v. Wyeth and Miller v. SmithKline Beecham Corp. needed to use the “clear evidence” test established in last year's landmark U.S. Supreme Court ruling to determine whether the state law...
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