Monday, March 3, 2008
The no decision decision: BNA reports that an equally divided court affirmed the ruling of the Second Circuit, which had held that the FDCA does not preempt product liability claims under Michigan law against drug manufacturers that allegedly defrauded the Food and Drug Administration. Warner-Lambert v. Kent, No. 06-1498.
Some reactions to the decision: Public Citizen, which litigated the case, issued a press release (available here) yesterday stating that this is a great victory for the 18 plaintiffs in the case, who can now pursue their claims. Drug and Device Law blog, writing from the defense perspective, gives its opinion here. Their predictions: this will lead to forum shopping, as the Circuits are split on the issue, and everything else is up for grabs.
Oral argument in Levine v. Wyeth has yet to be scheduled. The docket is available here.