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Pennsylvania Employee Benefit v. Zeneca Remanded to District Court

By James M. Beck and Mark Herrmann

Following the same tack as in Colacicco, the Third Circuit today reversed and remanded Pennsylvania Employee Benefit Trust v. Zeneca, Inc., to the District of Delaware. The complete text of the order:

On March 9, 2009, the Supreme Court of the United States granted the petition for writ of certiorari in the above captioned matter, vacated this Court?s judgment entered on August 17, 2007, and remanded this matter for further consideration in light of Wyeth v. Levine, 555 U.S. , 129 S. Ct. 1187 (Mar. 4, 2009). On April 10, 2009, the Supreme Court of the United States issued a certified copy of its judgment. Accordingly, consistent with the Supreme Court?s judgment, it is hereby ADJUDGED and DECREED that the judgment of the District Court entered on November 11, 2005, is REVERSED, and this matter is REMANDED for further proceedings consistent with Wyeth v. Levine. The mandate shall issue forthwith.

No: 05-5340, Minute Order (3d Cir. May 5, 2009)

Full post as published by Drug and Device Law on May 05, 2009 (boomark / email).