Law360, New York ( April 8, 2014, 6:40 PM EDT) -- In June 2013, the U.S. Supreme Court in Mutual Pharmaceutical Co. v. Bartlett[1] held that "state law design defect claims that turn on the adequacy of a drug's warnings are preempted by federal law."[2] Tucked away in a footnote, however, the Supreme Court noted that its holding does "not address state design defect claims that parallel the federal misbranding statute."[3]...
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