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PA Court Ignored SCOTUS in Reglan Ruling
The Pennsylvania Superior Court's recent decision not to apply blanket pre-emption to failure-to-warn claims against the makers of the generic version of acid reflux drug Reglan ignores U.S. Supreme Court precedent and makes Pennsylvania an outlier among the other states that have ruled on similar issues, some attorneys said.
But others said they thought the superior court got it right and that the ruling may now clear the way for other pharmaceutical mass tort litigation to proceed. Some also noted that the ruling could ultimately lead to a 3-3 stalemate in the state supreme court because newly appointed justice and former Superior Court President Judge Correale F. Stevens would be forced to recuse, having sat on the lower court panel.
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