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Personal Injury Law

: A Georgia Lawyer

Philly Judge: No Preemption in a Paxil Case

By Peopleslawyer (index)

Collins adv. Glaxo, which you may find here.

A Philadelphia State Court Judge has denied a defense MSJ which would have served to dismiss the state law claims of a family whose husband and father committed suicide while taking Paxil, in Collins v. SmithKline Beecham, d/b/a GlaxoSmithKline.

A few highlights:

?Defendant's position is clearly not sustainable. Federal law in question unquestionably places the duty upon the manufacturer and does not preempt a State's ability to allow one of its citizens to inquire into whether the manufacturer breached that duty.? (Order at p. 9)

More later.

Full post as published by A Georgia Lawyer on March 18, 2008 (boomark / email).

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