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: A Georgia LawyerPhilly Judge: No Preemption in a Paxil Case
By Peopleslawyer
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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