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Analysis

Justices Lay Out Failure To Warn 'Clear Evidence' Standard

By Emily Field (May 21, 2019, 4:13 PM EDT) -- The U.S. Supreme Court's decision this week that it's up to a judge —not a jury — to decide if consumers' claims are barred by federal regulations when the U.S. Food and Drug Administration rejects a proposed labeling change has also provided some clarity for the "clear evidence" standard it set out for failure-to-warn cases a decade ago....

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