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: The UCL PractitionerU.S. Supreme Court preemption case: Wyeth v. Levine
By Kimberly A. Kralowec
SCOTUSBlog reports that the U.S. Supreme Court heard oral argument yesterday in Wyeth v. Levine, no. 06-1249. In Wyeth, the Court will address whether FDA approval of warning labels precludes consumers from bringing state-law tort claims against drug manufacturers for failure to adequately warn of a drug's risks.
The transcript of the oral argument is available at this link, and here is my prior coverage of a similar preemption case, Riegel v. Medtronic, Inc., 128 S. Ct. 999 (2008), addressing medical devices.
UPDATE: Dahlia Lithwick has an interesing article in Slate about the Wyeth argument. Also, Law.com reports that "High Court Appears Torn Over Drug Labeling Case." [Hat tip: How Appealing.]
Full post as published by The UCL Practitioner on November 04, 2008 (boomark / email).
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