The U.S. Court of Appeals for the Third Circuit has ordered a new proceeding to determine whether state-law claims are subject to federal preemption in a group of 500 suits against Merck by users of osteoporosis drug Fosamax.

Monday’s court of appeals order follows a May 20 decision by the U.S. Supreme Court that said the preemption issue should be decided by judges, not juries. The Supreme Court ruling vacated a Third Circuit judgment that reopened the group of cases after they had been dismissed.

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