Thursday, October 29, 2009

Wyeth v. Levine Scholarship Roundup

Earlier this year the Supreme Court rejected federal preemption of tort claims for FDA regulated prescription drugs in Wyeth v. Levine, 129 S.Ct. 1187 (2009).  Since that time several commentators have weighed in on the decision.  After the jump, I have listed the recent scholarship addressing this new case.

Robert L. Rabin, Territorial Claims in the Domain of Accident Law: Conflicting Conceptions of Tort Preemption

Ashutosh Avinash Bhagwat, Wyeth v. Levine and Agency Preemption: More Muddle or Creeping Clarity?

Douglas G. Smith, Preemption After Wyeth v. Levine

Barbara J. Evans, Seven Pillars of a New Evidentiary Paradigm: The Food, Drug, and Cosmetic Act Enters the Genomic Era

Hannah B. Murray, Generic Preemption: Applying Conflict Preemption After Wyeth v. Levine

Richard L. Crupp, Jr.,
Preemption's Rise (and Bit of a Fall) as Products Liability Reform: Wyeth, Riegel, Altria, and the Restatement (Third)'s Prescription Product Design Defect Standard

Catherine M. Sharkey, Federalism Accountability: "Agency-Forcing" Measures (Legal Workshop entry available here)

Catherine M. Sharkey, What Riegel Portends for FDA Preemption of State Law Products Liability Claims

In the blogosphere, our friends over at Drug and Device Law Blog have written extensively on their view of the decision.

RJE

http://lawprofessors.typepad.com/civpro/2009/10/wyeth-v-levine-scholarship-roundup.html

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