2nd Circuit Distinguishes Common Law Claims from 'Fraud-on-the-FDA'

NEW YORK - The 2nd Circuit U.S. Court of Appeals has reversed a federal court's finding of preemption in several Michigan Rezulin lawsuits, stating there is a clear presumption against preemption of traditional common law claims that survive exceptions to the state's pharmaceutical immunity statute. Desiano, et al. v. Warner-Lambert & Co., et al., Nos. 05-1705, 05-1743, 05-1745 (2nd Cir.).

In an Oct. 5 opinion vacating the U.S. District Court for the Southern District of New York's award of judgment on the pleadings to Rezulin manufacturer Warner-Lambert & Co., the 2nd Circuit found that the plaintiffs do not assert 'fraud-on-the-FDA' …