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Preemption At Forefront Of Product Liability In 2009

Law360 (December 3, 2008, 12:00 AM EST) -- In 2009, the attention of product liability attorneys will be on a case that was already argued before the U.S. Supreme Court yet has the potential to greatly alter the landscape of the field — Wyeth v. Levine.

Described by one attorney as the 800-pound preemption gorilla, the case was heard by the high court in November and centers on whether the U.S. Food and Drug Administration’s approval of a drug preempts state-law product liability claims.

“A lot of eyes will be on the U.S. Supreme...
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