Judge OKs Replacement Of Dead Class Rep In Paxil Suit

Law360, New York (June 22, 2011, 1:51 PM EDT) -- A California judge on Tuesday allowed the appointment of a new lead plaintiff in a class action claiming GlaxoSmithKline LLC falsely advertised its antidepressant Paxil as not addictive — even though the former class representative committed suicide before the class was certified.

Judge Elihu Berle permitted the replacement despite GSK's argument that class certification should be nixed because the last remaining named plaintiff, Kevin Johnson, had been dead for 49 days when another judge granted class certification.

Two other plaintiffs were initially named in the suit,...
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