Levine Cited In Return of Two Cases to 3rd Cir.

PHILADELPHIA - Two 3rd Circuit U.S. Court of Appeals' preemption rulings that were appealed to the U.S. Supreme Court have been vacated and ordered reconsidered in light of the recent ruling in Wyeth v. Levine. Colaccico v. Apotex Inc., et al., No. 08-437; PA Employees Benefit Trust Fund v. Zeneca Inc., et al., No. 07-822 (U.S. Sup. Ct.).

In separate orders entered March 9, the High Court granted petitions for writ of certiorari in both cases and remanded them to the 3rd Circuit for further consideration under Levine.

A 6-3 majority had ruled just days earlier in Levine that plaintiffs' …