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The Last Word On Drug Preemption?

Law360 (July 11, 2008, 12:00 AM EDT) -- Next term the U.S. Supreme Court will decide Wyeth v. Levine – perhaps the most highly anticipated pharmaceutical products liability ruling since the court's 1993 decision in Daubert v. Merrell Dow Pharmaceuticals.

Many prognosticators expect the Supreme Court to rule that the Food and Drug Administration's approval of a prescription drug preempts certain state-law tort claims.

But there is less consensus about the likely scope of the court's ruling: Will it put an end to pharmaceutical mass-tort litigation as we know it? Or will it stay...
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