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On October 2, 2008, plaintiffs filed in the Supreme Court a petition for certiorari in Colacicco v. Apotex, No. 08-437. By a two to one majority, the Third Circuit held in Colacicco that federal law preempted plaintiffs’ failure-to-warn claims brought against the manufacturers of antidepressants.
Here’s a link to our original post about Colacicco.
And here’s a link to the Supreme Court’s docket for Colacicco, which shows the filing of the cert petition.