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Justices' Diagnoses Vary in FDA Preemption Case

Law360, New York (February 22, 2008, 12:00 AM EST) -- Attorneys and justices grappled Monday with the question of whether federal regulation of pharmaceuticals effectively immunizes drug companies from liability under state law claims, as the U.S. Supreme Court heard oral arguments in Warner Lambert v. Kent.

The Michigan law that has brought the case before the high court blocks lawsuits regarding drugs approved by the FDA, unless plaintiffs claim the company defrauded the FDA during the approval process.

That “fraud on the FDA” option has so far split lower courts. The high court agreed in September to hear the case.

Several justices seemed more comfortable with the argument that a...

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