Texas Looks Again At Preemption Of Tort Lawsuits

Law360, New York (April 30, 2008, 12:00 AM EDT) -- The defense of federal preemption has come to the forefront in medical device and pharmaceutical product liability cases, with the Supreme Court having decided Riegel v. Medtronic, Inc., 552 U.S. ___, 128 S. Ct. 999 (2008), earlier this year, and positioned to address Wyeth v. Levine, rev. granted, ___,S. Ct. ___, 2008 WL 161474 (Jan. 18, 2008) (No. 06-1249), next term.

Because many medical products carry the potential to save lives and help patients with limited treatment options, the decisions Congress made in enacting the Medical...
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