The Third Circuit Court of Appeals has sent two drug preemption cases back to district courts for further proceedings in light of the Supreme Court’s ruling in Wyeth v. Levine. Colacicco v. Apotex was sent back to a Pennsylvania federal court, while McNellis v. Pfizer goes back to a New Jersey federal court. A three-judge appeals court panel noted that the Supreme Court had reversed the appeals court’s decision in the two cases and remanded for reconsideration in light of Wyeth v. Levine, in which the high court rejected the company’s contention that a state failure-to-warn suit was preempted by federal law.
