A Philadelphia judge ruled this week that federal law can't pre-empt a state product liability claim centering around the alleged failure of the makers of Paxil to warn about increased risk of suicide. The judge denied a defense motion for summary judgment Tuesday, ruling that the doctrine of federal pre-emption does not preclude the plaintiffs from arguing that GlaxoSmithKline failed to fulfill its duty to warn users of Paxil of an alleged association between the use of the drug and suicidality.
Pa. Judge Rules Paxil Labeling Suit Not Pre-empted
The Legal Intelligencer
March 14, 2008