Judge: Elidel Preemption Argument Fails to Create Federal Question

VALDOSTA, Ga. - A defendant's argument that a state law failure-to-warn and inadequate testing claim may be preempted by federal law does not create a federal question that gives rise to jurisdiction in U.S. District Court, a judge has ruled. Greene v. Novartis Pharmaceuticals Corp., et al., No. 07-91 (M.D. Ga.).

The finding was among several in a Nov. 14 decision by Judge Hugh Lawson of the Middle District Court of Georgia to remand a case brought by the parents of an infant who developed leukemia after using prescription topical cream Elidel to treat eczema.

In addition to finding …