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September 26, 2007


Supremes Accept to Hear Voluntary Pre-Emption Case

Dow Jones reports that the Supreme Court has agreed to hear an appeal of great importance to Product Liability watchers.

Pfizer's predecessor produced Rezulin, a diabetes drug that allegedly caused many liver problems. Litigation did in the drug, but not before one federal court in New York (where cases had been consolidated) threw out Michigan plaintiffs' suits on the grounds that FDA approval of Rezulin had pre-empted Michigan products liability law, according to that state's own unusual legislation. That decision was overturned by a panel of the 2nd Circuit Court of Appeal, which insisted that state common law survived the state's own legislation in the field.

The case is Warner-Lambert Co. v. Kent, 06-1498.

Posted by Michael Krauss at 10:32 AM | TrackBack (0)



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