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Will High Court Provide Clarity On 'Clear Evidence'?

Law360 (March 8, 2018, 11:49 AM EST) -- The U.S. Supreme Court may soon revisit one of its seminal decisions defining products liability law for pharmaceutical manufacturers. That decision — Wyeth v. Levine — addressed whether a branded manufacturer could be held liable for state-law failure-to-warn claims even though federal law regulates the contents of its drug’s label.

Lower courts have struggled to apply Levine’s "clear evidence" standard, and the Third Circuit, in In re: Fosamax, arguably gutted it altogether. Merck & Co.’s petition for a writ of certiorari in In re: Fosamax is...
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