U.S. Court of Appeals for the Tenth Circuit

Case Status


Docket Number

08-5042, 08-5050


Case Updates

Tenth Circuit decides federal preemption of failure-to-warn lawsuit

June 02, 2010

The Tenth Circuit vacated and remanded the district court’s dismissal of a failure-to-warn law-suit against GlaxoSmithKline in light of the Supreme Court’s decision in Wyeth v. Levine.

U.S. Chamber files amicus brief

September 11, 2009

NCLC urged the Tenth Circuit to affirm a district court ruling that the Supreme Court's decision in Wyeth v. Levine does not eliminate federal preemption as a defense against failure-to-warn lawsuits. After using the drug Paxil to treat depression, the plaintiff in this case attempted suicide. The plaintiff argues that GlaxoSmithKline failed to warn about Paxil's potentially harmful side effects, including suicidal thoughts and actions. In its brief, NCLC argued that the FDA's approval of the drug's warning label preempts this case. If federal preemption is thrown out as a defense against these types of lawsuits, businesses would be subjected to a crazy quilt of inconsistent state and federal regulations.

Case Documents