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Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley, P.C.

U.S. Supreme Court Vacates Third Circuit Decision in Anti-Depressant Suicide Case

Published in Drug Law Weekly, March 24th, 2009

In the wake of last week’s ruling in Wyeth v. Levine, the Supreme Court vacated the Third Circuit Court of Appeal’s opinion in Joseph Colacicco, et al. v. Apotex, Inc., which held that federal law preempted consumer lawsuits against several drug manufacturers, including the makers of Paxil and Zoloft.

“The Court rightly found that these anti-depression drug manufacturers aren’t immune from lawsuits,” said Anapol Schwartz civil justice attorney Sol Weiss, who argued the case in the Third Circuit and was on the brief filed by the Supreme Court. “Families whose loved ones committed suicide while taking these antidepressants will now have an opportunity to receive...

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