Personal Injury Law

What Does Good Say For Levine?

By James M. Beck and Mark Herrmann

We're slaving away at our day jobs, and you keep asking, "What does the Supreme Court's decision in Altria v. Good mean for the pending case of Wyeth v. Levine?"

For assorted reasons, we can't say much on this topic, but we offer these few words:

The bad in Good:

Five justices opposed preemption on some pretty preemption-friendly facts.

The good in Good:

The Solicitor General weighed in against implied preemption in Good, and the Court followed the SG's lead. (As you know, the SG weighed in favoring preemption in Levine, so deference to the SG would be helpful there.)

Full post as published by Drug and Device Law on December 15, 2008 (boomark / email).