United States Second Circuit

In case alleging injuries caused by the drug Rezulin, grant of judgment on the pleadings for defendants, finding Michigan plaintiffs' claims were preempted by federal law, is vacated as a presumption against federal preemption of state law applies in the context of common law claims preserved by states to protect their citizens. (Amended)

Appellate Information

• Decided 01/18/2007
• Published 01/18/2007

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.