Deepening a recent split among judges in the Eastern District of Pennsylvania, U.S. District Senior Judge Michael Baylson has remanded a case against GlaxoSmithKline over its antidepressant drug Paxil, ruling it should be tried in the Philadelphia Court of Common Pleas. GSK had argued the case belonged in federal court.
The pharmaceutical giant had sought removal of the case, for the second time, after the U.S. Court of Appeals for the Third Circuit’s ruling in June that declared its corporate citizenship lay in Delaware. Arguing that the opinion constitutes an intervening order, it asked to have several suits alleging birth defects caused by Paxil removed to federal court on diversity grounds.
