GSK Thalidomide Suit To Stay In Fed. Court: 3rd Circ.

Law360, Philadelphia (June 10, 2013, 1:51 PM EDT) -- A Third Circuit panel on Friday affirmed a district court holding keeping a suit over GlaxoSmithKline LLC's morning-sickness drug thalidomide in federal court, finding that a 10-foot-by-10-foot office in Wilmington, Del., is sufficient to establish the drugmaker as a resident of that state and not of Pennsylvania.

The three-judge panel pointed a 2010 U.S. Supreme Court decision in Hertz v. Friend in dismissing arguments that the company’s “nerve center” was actually in Pennsylvania, emphasizing that the citizenship of an unincorporated association like an LLC depends on...
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