We’ve been posting about this case since 2016 when the district court first dismissed plaintiff’s failure to warn claim as preempted on the grounds that there was clear evidence the FDA would have rejected the warning plaintiff sought. We celebrated
Breaking News: Cerveny – “Clear Evidence” Preemption Wins on What Matters Most
By Bexis
Today, the Tenth Circuit affirmed in part, reversed in part, and remanded the post-Levine branded drug preemption decision in Cerveny v. Aventis, Inc., No. 16-4050 (10th Cir. May 2, 2017). You can read our discussion of the district court opinion…
More Clear Evidence of Conflict Preemption
This post is from the non-Reed Smith side of the blog.
Today we laud an excellent prescription drug preemption ruling finding “clear evidence” that the FDA would not have permitted the warning of the sort plaintiff demanded – Cerveny v.…