Experience

WTO represents Pfizer in the first appellate preemption decision involving an antidepressant medication

McNellis v. Pfizer (3d Cir. 2008)

In late 2007, WTO argued in the Third Circuit one of two companion cases that were the first of their kind to be argued in a United States Court of Appeals. In a 2-1 decision published in 2008 in McNellis v. Pfizer Inc., the United States Court of Appeals for the Third Circuit held the plaintiff's product liability claims against an antidepressant made by Pfizer to be preempted. This case drew extensive amicus curiae briefs on both sides. It is the first appellate decision to find preemption in a case involving an antidepressant medication.

Represented Pfizer in a groundbreaking preemption case before the Third Circuit.