Judge Denies GSK Motion to Reconsider Summary Judgment Order, Allows Appeal

PHILADELPHIA - Despite opining that GlaxoSmithKline still has not proven there exists an actual conflict between federal and state law, a federal court acknowledged that several underlying issues are ripe for review and has certified its denial of summary judgment to the defendant for interlocutory appeal. Knipe v. GlaxoSmithKline, No. 06-3024 (E.D. Pa.).

In the Oct. 28 opinion, the U.S. District Court for the Eastern District of Pennsylvania said the defendant's motion to reconsider was simply an attempt to "take another bite at the preemption apple."

In August, Senior Judge Ronald L. Buckwalter ruled that the underlying claims linking the …