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A.S. EX REL. MILLER v. SMITHKLINE BEECHAM CORP.

No. 14-1229.

769 F.3d 204 (2014)

A.S., a Minor, by Sallee MILLER, Guardian; Sallee Miller, Individually, Appellants v. SMITHKLINE BEECHAM CORP, d/b/a GlaxoSmithKline.

United States Court of Appeals, Third Circuit.

Filed: October 9, 2014.

Attorney(s) appearing for the Case

Howard J. Bashman, Esq. , [Argued], Grove, PA, for Appellants.

Lisa S. Blatt, Esq. , [Argued], Sarah M. Harris, Esq. , R. Stanton Jones, Esq. , Arnold & Porter LLP, Washington, DC, Andrew T. Bayman, Esq. , Robert K. Woo, Jr., Esq. , King & Spalding LLP, Atlanta, GA, Jeffrey S. Bucholtz, Esq. , King & Spalding LLP, Washington, DC, Joseph E. O'Neil, Esq. , Lavin, O'Neil, Ricci, Cedrone & DiSipio, Philadelphia, PA, for Appellee.

Before: SMITH, SHWARTZ, and ROTH, Circuit Judges.

OPINION

SHWARTZ, Circuit Judge.

A.S. and Sallee Miller ("Plaintiffs") filed suit in Pennsylvania state court against GlaxoSmithKline LLC ("GSK") claiming that its drug, Paxil, caused birth defects. GSK removed the case to the United States District Court for the Eastern District of Pennsylvania. The District Court1 remanded the case, finding that GSK was a citizen of Pennsylvania and therefore ineligible to remove the case. After...

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