The U.S. Court of Appeals for the Third Circuit Tuesday canceled a Glaxosmithkline plc (GSK) win in a Racketeer Influenced and Corrupt Organizations (RICO) Act suit involving the London company’s marketing of its diabetes drug Avandia (rosiglitazone), sending the case back to the lower court for a redo. The U.S. District Court for the Eastern District of Pennsylvania had granted GSK summary judgment in a suit brought by health benefit plans over marketing claims about Avandia’s cardiovascular benefits. Contrary to the lower court’s ruling, the Third Circuit held that the health benefit plans’ state-law consumer-protection claims against GSK are not preempted by federal law and the plans should have been given the opportunity to seek discovery on their RICO allegations before the case was dismissed.   

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