February 5, 2009
Will Pfizer's Purchase of Wyeth Affect SCOTUS' Preemption Ruling This Term?
According to Richard Arsenault - a plaintiff's-side lawyer specializing in complex litigation, pharma and mass torts - Wyeth has filed a letter alerting the Court to the fact that Pfizer is taking over Wyeth. See HME's post on the takeover here. What effect could this have on the opinion in Wyeth v. Levine? If Chief Justice Roberts recuses himself (as he has in the past in cases involving Pfizer) then this will change the dynamic of the decision; Arsenault predicts it may lead to another 4-4 split. Then again, since arguments were heard before Pfizer was publicly in the picture, the Chief Justice may not recuse himself. Any predictions?
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