Wyeth Asks 6th Circ. To Rehear Preemption Case

Law360, New York (September 16, 2010, 12:18 PM EDT) -- Wyeth Inc. has asked a federal appeals court to reconsider its decision that a suit accusing the pharmaceutical company of negligence for bringing a fen-phenlike drug to the market is not preempted because federal regulators approved the product.

In a petition for an en banc rehearing filed with the U.S. Court of Appeals for the Sixth Circuit on Wednesday, Wyeth argued that the panel's August decision reinstating Mary Buchanan's negligence claims over Wyeth's actions prior to approval is "deeply flawed and cannot be squared" with precedents...
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