Future Product Liability Law In Hands Of High Court

Law360, New York (November 3, 2008, 12:00 AM EST) -- Based on the questions asked Monday, lawyers said that it seems unlikely that the U.S. Supreme Court will hand the pharmaceutical industry the sweeping ruling in Wyeth v. Levine that it had hoped would wipe out product liability lawsuits.

Instead, the justices hearing the case seemed inclined to narrowly allow for some form of federal preemption, product liability lawyers said. The case centers on whether the U.S. Food and Drug Administration’s approval of a drug preempts state-law product liability claims.

Jim Huston, a partner with Morrison...
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