Case Updates
Pennsylvania Superior Court holds that state tort claims based on allegations of off-label marketing are preempted by federal law
May 09, 2018
Click here to view the opinion.
U.S. Chamber urges Pennsylvania court to hold that federal law preempts state tort theories that are based on alleged violations of the Food Drug and Cosmetic Act
September 29, 2017
The U.S. Chamber urged the Superior Court of Pennsylvania to affirm a trial court's decision dismissing plaintiff's product liability claims. The Chamber's brief argued that federal law preempts state tort theories that are based on alleged violations of the Food Drug and Cosmetic Act and that a contrary holding would have negative effects for numerous federally regulated businesses, including the pharmaceutical and medical device industries.
The Pennsylvania Chamber of Commerce and Pennsylvania Coalition for Civil Justice Reform filed this brief jointly with the Chamber.
Robert L. Byer, Robert M. Palumbos, and Andrew R. Sperl of Duane Morris LLP served as co-counsel for the amici.
Case Documents
- Opinion of Trial Court -- Caltagirone v. Cephalon, Inc. (Court of Common Pleas of Philadelphia).pdf
- U S Chamber Amicus Brief Caltagironev Cephalon2 C Inc Superior Courtof Pennsylvania
- Briefof Appellees Caltagironev Cephalon2 C Inc Superior Courtof Pennsylvania
- Memorandum -- Caltagirone v. Cephalon, Inc. (Superior Court of Pennsylvania).pdf