Preemption cases vacated and remanded
The U.S. Supreme Court on Monday vacated judgments in two preemption cases and remanded them back to the U.S. District Court of Appeals for the Third Circuit in Philadelphia for further consideration. The Supreme Court said it made the decisions in light of its ruling in Wyeth v. Levine last week, in which the court ruled that an FDA-approved label for Wyeth's Phenergan promethazine for nausea associated with migraine did not preempt state product liability claims (See BioCentury, March 09, 2009). ...