Punitive Damages Claim is Not Federally Preempted, Judge Rules

NEW YORK - Federal law does not preempt a plaintiff's right to pursue punitive damages under New Jersey law for a drug maker's alleged violation of its duty to consumers, a New York federal judge has ruled in an Aredia/Zometa injury case. Forman v. Novartis Pharmaceuticals Corp., No. 09-4678 (E.D. N.Y.).

On June 27, Judge Arthur D. Spatt of the U.S. District Court for the Eastern District of New York found that Buckman Co. v. Plaintiffs' Legal Comm. (531 U.S. 341, 121 S. Ct. 1012, 148 L. Ed. 2d 854 [2001]) does not apply because "a punitive damages claim based …