3rd Circuit Rejects State Court Preemption in Fosamax MDL Case

The United States Court of Appeals for the Third Circuit rejected arguments that the plaintiffs’ claims in the Fosamax litigation should be preempted by U.S. Food and Drug Administration regulations.

Friday’s ruling in the case In the case: Fosamax court proceedings means that more than 500 lawsuits against Fosamax maker Merck & Co. Inc. can continue after they were initially dismissed at summary judgment. The decision, which the Third Circuit Court of Appeals called a “near-win” decision, hinged on whether an informal letter the FDA sent to Merck was sufficient to establish precedence.