CORRECTED: State Law Claims In Philly Reglan Suits Survive Mensing

Law360, New York (July 30, 2013, 3:25 PM EDT) -- In mass tort litigation claiming generic versions of digestion drug Reglan caused neurological damage, a divided Pennsylvania Superior Court ruled Monday that certain state law claims can survive federal preemption under the U.S. Supreme Court’s Pliva Inc. v. Mensing ruling.

A split three-judge panel of the Pennsylvania Superior Court handed down decisions mostly siding with the plaintiffs in four related appeals from pharmaceutical companies including Teva Pharmaceutical USA Inc. and Pliva Inc. The drugmakers had sought to dismiss thousands of Reglan-related product liability allegations as being...
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