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: How Appealing

Divided three-judge Third Circuit panel issues FDA preemption ruling in cases alleging a failure to warn of increased risk of suicide for patients taking Paxil or Zoloft

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Divided three-judge Third Circuit panel issues FDA preemption ruling in cases alleging a failure to warn of increased risk of suicide for patients taking Paxil or Zoloft: By a vote of 2-1, today's ruling (in which a visiting judge provides the deciding vote) holds that the plaintiffs' state law claims are preempted by federal law. Because the decision is not yet available over the Third Circuit's web site, I have posted the ruling at this link. [Update: The Third Circuit has now posted its decision here.]

After this case was argued in December 2007, Shannon P. Duffy of The Legal Intelligencer had an article headlined "Pre-emption Issue Weighed in Label Cases; 3rd Circuit hears arguments on antidepressant warnings."

Full post as published by How Appealing on April 08, 2008 (boomark / email).

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