Topic
Preemption
1,720 published works
Angel Reyes Blog
U.S. Supreme Court Sides with Plaintiff in Seminal Federal Pre-Emption Battle
Finally, some sanity from the U.S. Supreme Court. Just yesterday, the Court ruled in the Wyeth v. Levine case that Federal pre-emption does not override state court law and individuals…
Drug & Device Law
Press Coverage of Levine
By Bexis
We'll have more to say later, but here's a rundown of some of the press coverage of Wyeth v. Levine: The New York Times (quoting (among others) Herrmann); AmLaw (quoting…
Environmental Law Prof Blog
Supreme Court Rejects Drug Manufacturer Claim that FDA Precludes More Stringent Label Warning
Wyeth v. Levine, No. 06-1249 (U.S. Mar. 4, 2009) Findlaw Link Petitioner Wyeth manufactures the antinausea drug Phenergan. After a clinician injected respondent Levine with Phenergan by the "IV-push" method,…
Drug & Device Law
Wyeth v. Levine – First Real Thoughts
By Bexis
First, a minor correction. We lost by 6-3, not 6-2 (when you're typing fast you're all thumbs). We lost Kennedy, Thomas, and Breyer. We needed to win at least two…
Drug & Device Law
Wyeth v. Levine Decided – No Preemption
By Bexis
Wyeth v. Levine was decided this morning and the Court rejected preemption by a 6-2 vote, Justice Stevens writing for the majority. The basics. (1) there is no preemption by…
The Contingency
Supremes Reject Drug Labeling Pre-emption Defense
The U.S. Supreme Court today upheld a verdict and judgment for a Vermont woman who lost her forearm to amputation after injection of Wyeth's anti-nausea drug, Phenergan. Wyeth argued that…
Mass Tort Litigation Blog
Wyeth v. Levine — Supreme Court Finds No Preemption
By joetort
I'm sure we'll have more posts about this on the blog, but here's today's opinion, hot off the presses: Download Wyeth_v_Levine_US_Sup_Ct.pdfBGS
Mass Tort Litigation Blog
Supreme Court Decides Wyeth v. Levine
By joetort
I haven't had a chance to read the opinion yet, but wanted to broadcast the news as soon as possible. The Supreme Court has decided Wyeth v. Levine and in…
TortsProf Blog
Court Rejects Preemption in Levine Case
6-3; initial post up here at SCOTUSBlog; opinion here [PDF].--BC
Mass Tort Defense
Members of Congress to Re-introduce Medical Device “Safety” Bill
By Sean Wajert
Democratic members of Congress are planning to re-introduce legislation that would overturn the February, 2008 Supreme Court decision in Reigel v. Med