3rd Circ. Remands Preemption Cases V. GSK, Pfizer

Law360, New York (April 29, 2009, 12:00 AM ET) -- A federal appellate court has sent two cases, one against Apotex Inc. and GlaxoSmithKline PLC and the other against Pfizer Inc., back to the lower courts for reconsideration in light of the U.S. Supreme Court's blockbuster preemption decision in Wyeth v. Levine.

In an order Tuesday, the U.S. Court of Appeals for the Third Circuit remanded Colacicco v. Apotex Inc. and McNellis v. Pfizer. The U.S. Supreme Court vacated the appellate court's decisions in the cases in March and remanded them to the Third Circuit for...
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