Wyeth V. Levine In Light Of Merck's Vioxx Litigation

Law360, New York (November 3, 2008, 12:00 AM EST) -- Preemption, or the displacing effect that federal law has on a conflicting or inconsistent state law, has been a divisive issue and the subject of much confusion since the founding of this country.

The Supremacy Clause of the United States Constitution provides that “The Laws of the United States ... shall be the supreme Law of the land,” and, therefore, attorneys understand and can expect that when a state law conflicts with a federal law, the federal law trumps, or “preempts,” the state law.

Notwithstanding the...
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