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Colacicco Decision On Remand!

By James M. Beck and Mark Herrmann

That headline is correct, except for the exclamation point.

The Third Circuit just issued its decision in Colacicco v. Apotex, on remand from the Supreme Court for reconsideration in light of Wyeth v. Levine.

The Third Circuit decided not to issue a new decision immediately, but instead remanded the cases to the two relevant trial courts to permit the trial judges to think harder in light of the Levine decision.

Here's the entire relevant text of the Third Circuit order:

ORDER (SLOVITER, Authoring Judge, AMBRO and *RESTANI, Circuit Judges) Accordingly, we will vacate our judgment in Colacicco and McNellis and remand the Colacicco matter to the United States District Court for the Eastern District of Pennsylvania and the McNellis matter to the United States District Court for the District of New Jersey for further proceedings consistent with the Supreme Court's decision. The respective parties can raise their arguments before the respective district courts, filed. *Honorable Jane A. Restani, Chief Judge, United States Court of International Trade, sitting by designation.

Full post as published by Drug and Device Law on April 28, 2009 (boomark / email).