Pa. Federal Judge Remands Advair Suit to State Court

PHILADELPHIA - A product liability action against GlaxoSmithKline in relation to its asthma drugs was remanded to state court by a Pennsylvania federal judge on May 30, who found that the plaintiff's claims of inadequate labeling do not create federal subject matter jurisdiction. Allen v. GlaxoSmithKline PLC, et al. (No. 07-5045, E.D. Pa.).

Judge Michael M. Baylson of the U.S. District Court for the Eastern District of Pennsylvania explained that for pharmaceutical products liability cases that raise Federal Drug and Cosmetic Act-related state law claims, federal "arising under" jurisdiction does not exist.

On November 19, James Allen sued GSK in …