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preemption

Supreme Court Affirms Verdict for Plaintiff in Wyeth Case and Dismisses al-Marri Case as Moot

March 7, 2009

     The Supreme Court has decided for the plaintiff who sued the drug manufacturer Wyeth and has granted the government's request to dismiss the prisoner al-Marri's constitutional claim. 

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The 2008-2009 Supreme Court Term: (5) Altria Group, Inc. v. Good – Another Tort Preemption Case

December 15, 2008

     The Supreme Court decided another tort preemption case today.  The Court somewhat clarified the law of preemption, but it was another 5-4 decision.

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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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