U.S. Law Doesn't Trump State Claim In Paxil Suit

Law360, New York (March 14, 2008, 12:00 AM EDT) -- A Pennsylvania judge has denied a motion for summary judgment in a product liability case against GlaxoSmithKline, finding that federal law doesn't preempt the plaintiff from bringing state claims about alleged mislabeling for the drug Paxil.

SmithKline Beecham Corp., doing business as GlaxoSmithKline, had argued that any state tort claim that alleged a product failed to include specific warnings should be preempted because the U.S. Food and Drug Administration controls the content of the labels.

In his ruling, Philadelphia County Common Pleas Court Judge Allan L....
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