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Justices Say Judges, Not Juries, Must Decipher FDA Rules

Law360 (May 20, 2019, 10:35 AM EDT) -- The U.S. Supreme Court on Monday said a judge, not a jury, must decide if the U.S. Food and Drug Administration would have rejected a proposed warning of the risks associated with Merck's osteoporosis drug Fosamax, resolving a question over whether a judge or jury should interpret ambiguities in FDA labeling rules.

The high court found that a judge was better suited than a jury to decide if the consumers' claims are barred by federal regulations. The decision reverses a Third Circuit decision that revived multidistrict litigation after the panel found that the crucial issue of why the FDA rejected the...

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Court

Supreme Court

Nature of Suit

4365 Personal Injury-Product Liability

Date Filed

August 24, 2017

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