Justices Weigh Whether To Hear Preemption Case

Law360, New York (January 15, 2008, 12:00 AM EST) -- The U.S. Supreme Court could decide as soon as Friday whether it will follow the advice of the Bush administration and refuse to hear, at least for now, a case that could have mammoth implications for product liability lawsuits.

The case of Wyeth v. Levine centers on this question: Does federal law usurp state product liability laws? Or, put another way: If the FDA approves a drug label, does that protect pharmaceutical companies against claims over the drug's label and use?

If the Supreme Court took...
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