Law360, New York (September 15, 2009) -- Since the FDA promulgated its “Preemption Preamble” in January 2006, courts in the Eleventh Circuit have, more often than not, ruled in favor of pharmaceutical companies on preemption of state-law product liability claims.
The United States Supreme Court’s recent decision in Wyeth v. Levine, however, may cause a shift in the playing field in favor of plaintiffs....
