Scholl v. LEDERLE LABORATORIES DIVISION

The Court, having read all the cases submitted by counsel, finds the reasoning most persuasive in Patten v. Lederle Laboratories, 655 F.Supp. 745 (D.Utah, 1987).

Neither the statute, congressional intent, or logic mandate a holding that the federal government has preempted state tort law in this area.

IT IS ORDERED that the Defendants’ Motions For Partial Summary Judgment are DENIED.