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From the category archives:

Torts

The 2008-2009 Supreme Court Term: (2) Preemption of Drug Warning Claims

November 18, 2008

     This year in Wyeth v. Levine the Supreme Court will decide whether or not people can sue a drug manufacturer under State law when the label for the drug is misleading or insufficient.  The drug manufacturers contend that these lawsuits are preempted by the Federal Food, Drug, and Cosmetic Act (FDCA). 

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Exxon Saved From the Rocks: The Supreme Court Limits Punitive Damages

July 2, 2008

 
In a divided 5-3 decision, a conservative majority of the Supreme Court in an opinion by Justice Souter found the $2.5 billion in punitive damages awarded against Exxon for the worst oil spill in history to be excessive and reduced the award to $500 million, an amount worth about four days of Exxon’s profits.          [...]

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