Cases alleging that GlaxoSmithKline’s antidepressant drug Paxil caused birth defects that have been in limbo between state and federal court are to be heard in state court, the Third Circuit has ruled.
Last year, the appeals court settled a split among district courts when it ruled that GSK is a corporate citizen of Delaware, not Pennsylvania, which effectively preserved GSK’s ability to remove to federal court cases filed against it in Pennsylvania state courts based on diversity jurisdiction.
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