In the wake of a U.S. Supreme Court decision that state tort claims against generic drug manufacturers are pre-empted by federal regulations, a U.S. district judge has ruled that the decision does not strengthen the hand of pharmaceutical manufacturers to remove lawsuits to federal court.
U.S. District Judge Berle M. Schiller ruled Tuesday that 19 lawsuits pending against generic drugmaker Mylan Inc. should be remanded to Philadelphia Common Pleas Court because a state court should decide their merits, including if the plaintiffs’ claims are pre-empted in the wake of the Supreme Court decision.
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