United States Second Circuit

In case alleging injuries caused by Rezulin, a diabetes drug, grant of judgment on the pleadings in favor of defendants, in case involving federal preemption of fraud exception of Michigan law providing qualified shield for pharmaceutical companies against products liability claims, is vacated as presumption against preemption of state law applies in the context of common law claims to protect health and safety of citizens, and where a fraud-based exception to Michigan's immunity statute does not raise the same concerns that animated the Supreme Court's decision in Buckman.

Appellate Information

• Decided 10/05/2006
• Published 10/06/2006

Judges

• CALABRESI, Circuit Judge:, Before: FEINBERG, CALABRESI, and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• David B. Rodes, Goldberg, Persky & White, P.C., Pittsburg, PA (Vincent J. Carter, Girardi Keese, Los Angeles, CA;  David R. Parker, Charfoos & Christensen, PC, Detroit, MI;  Jerome D. Goldberg, Varjabedian Attorneys, Southfield, MI, on the brief), for Plaintiffs-Appellants.


• For Appellees:
  
• David Klingsberg, Kaye Scholer LLP (Wendy S. Dowse, on the brief), New York, NY, for Defendants-Respondents.