Court Reverses Application of Collateral Estoppel to Paxil Class Action Claim

LOS ANGELES - Class allegations that Paxil manufacturer GlaxoSmithKline deceived California residents by falsely advertising that the drug was non-habit-forming may proceed, as they are not barred by established principles of collateral estoppel, a state appeals court has ruled. Johnson v. GlaxoSmithKline Inc., No. B199453 (Caif. Ct. App., 2nd Dist.).

In a Sept. 19 opinion, the Second District California Court of Appeal reversed a district court decision that prevented the unfair competition law claims from proceeding, ruling that prior federal court decisions favoring the manufacturer were based on different factual and legal issues than the instant case.

Kevin Johnson filed …