INSIGHT: Supreme Court Unlikely to Rob Drug Companies of a Preemption Defense, Undermine FDA

February 27, 2019

Last month, the U.S. Supreme Court heard oral argument in Merck v. Albrecht (In re Fosamax) where the Court again considered the issue of whether a state-law failure-to-warn claim was preempted when the Food and Drug Administration rejected a drug maker’s proposed warning on whether such a case must go to a jury for speculation as to why the proposed warning was rejected.

To continue reading Michelle Bufano's Bloomberg Law article, please click here.