Obama Could Change Federal Preemption Picture

Law360, New York (October 31, 2008, 12:00 AM EDT) -- Lawyers say that federal regulatory agencies will be more aggressive and ramp up enforcement efforts under President-elect Obama, and some feel that his administration might stop a building movement toward federal preemption of product liability suits.

The U.S. Supreme Court heard arguments on Monday in Wyeth v. Levine, a case that turns on the issue of federal preemption. Wyeth claims that the U.S. Food and Drug Administration's approval of the anti-nausea medication Phenergan preempted state-law claims over the drug.

With Obama in the White House and...
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