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In FDA preemption cases, a loss on devices, a close call on drugs.

Publication: Trial
Publication Date: 01-MAY-08
Format: Online
Delivery: Immediate Online Access

Article Excerpt
This year, the Supreme Court is taking up the issue of FDA preemption of state common law tort claims in three separate cases. The Court recently decided the first two: Riegel v. Medtronic, Inc. (128 S. Ct. 999 (2008)) and Warner-Lambert Co. v. Kent (128 S. Ct. 1168(2008) (mem.)).

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In Riegel, the Court ruled 8-1 that state tort claims against the manufacturers of certain medical devices are preempted by federal law, while in Kent, an evenly divided court affirmed a Second Circuit...

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