STORY FROM: MDL Mass Tort & Class Action Monitor

3rd Cir. Remands Thousands of Fosamax Cases to N.J. Federal Court

WASHINGTON, D.C. — The 3rd Circuit U.S. Court of Appeals has remanded thousands of Fosamax cases to New Jersey federal court for a determination as to whether federal law preempts the plaintiffs’ claims.

The appellate court issued the Nov. 25 order pursuant to the U.S. Supreme Court’s ruling that federal judges may decide whether a drug maker has presented “clear evidence” that the Food and Drug Administration would have rejected changes to a drug’s label, thereby barring the failure-to-warn claims as preempted.

The Judicial Panel on Multidistrict Litigation created an MDL docket in the U.S. District Court for the District ...

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