Judge Says Levine May Not Impact Paxil Case, Refuses Stay

MILWAUKEE - A federal judge has refused an attempt by plaintiffs in a Paxil case to stay the proceedings while the U.S. Supreme Court determines whether similar claims for failure to warn are preempted by federal law. Forst v. SmithKline Beecham Corp., No. 07-612 (E.D. Wis.).

Judge J.P. Stadtmueller of the U.S. District Court for the Eastern District of Wisconsin said June 6 that a stay of the case is not warranted, as the defendant has not yet even filed a motion for summary judgment based on federal preemption.

Plaintiffs Gary and Bonita Forst filed the expedited motion to stay …