Wyeth Places Heavier Burden On Implied Preemption

Law360, New York (June 15, 2009, 12:00 AM EDT) -- 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. Their analyses of the impossibility doctrine of implied preemption impact the...
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