Dobbs V. Wyeth: Are We There Yet, And At What Cost?

Law360, New York (November 15, 2012, 3:10 PM EST) -- The battle over preemption of state law failure-to-warn claims involving pharmaceuticals bearing U.S. Food and Drug Administration-approved warnings has been waged for more than a decade. It continues with efforts to secure preemption of state law claims involving the prescription anti-depressant Effexor in Dobbs v. Wyeth.

The United States Supreme Court’s groundbreaking 2001 ruling in Buckman Co. v. Plaintiffs’ Legal Committee, holding that state law fraud-on-the-FDA claims conflict with federal law and therefore are impliedly preempted, fostered hope among members of the defense bar that preemption...
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