In a one-paragraph order, the Tenth Circuit today in Dobbs v. Wyeth Pharmaceuticals, No. 08-6018, slip op. (10th Cir. June 2, 2010), vacated the trial court’s pre-Levine preemption summary judgment and remanded the issue, in order that “the district court should first afford the parties the opportunity to submit additional evidence. Then, the district court should reconsider the preemption issue in light of Levine’s new “clear evidence” standard.” Slip op. at 2.
A whimper rather than a bang.