Law360, New York (June 26, 2009) -- The U.S. Supreme Court issued a landmark decision in March when it decided Wyeth v. Levine, a case deciding that the FDA’s approval of drug labels does not automatically preempt state tort claims for failure to warn adequately of the risks associated with a drug.
The decision witnessed the convergence of the liberal and conservative wings of the Court, with opinions by Justices Stevens, Breyer and Thomas narrowly interpreting the doctrine of implied conflict preemption....
