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...
To view the full article, register now.

UK Financial Services

UK Financial Services

Read Our Latest UK Financial Services Coverage

Financial Services Law360 UK provides breaking news and analysis on the financial sector. Coverage includes UK and European Union policy, enforcement, and litigation involving banks, asset management firms, and other financial services organizations.