All eyes in the drug preemption world are, of course, on Colacicco v. Apotex, now on appeal in the Third Circuit. The later appeal from McNellis v. Pfizer (out of the District of New Jersey) has now been consolidated with Colacicco. Colacicco has been stayed until briefing is completed in McNellis. The same panel will decide both cases.

For those waiting anxiously for an appellate decision in Colacicco, this consolidation will predictably make the wait a little longer.

Here’s a link to the consolidation order.