Arguing Preemption In The 11th Circ. Post-Levine

Law360, New York (September 15, 2009, 3:11 PM EDT) -- 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.

The first published decision of a court in the Eleventh Circuit discussing Wyeth v. Levine appears to interpret the Supreme Court’s holding very broadly, indicating that pharmaceutical defendants may...
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