TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Tuesday, April 18, 2006

Editorial on Michigan's Pharma Shield Law

The New Jersey Vioxx verdict triggered this piece, criticizing Michigan's broad law protecting pharmaceutical companies from warnings claims when the drug carried FDA-approved labeling.

I published a piece in the Minnesota Intellectual Property Review (now the Minnesota Journal of Law, Science & Technology) a couple of years ago suggesting a middle ground based on the presumption of validity in patent litigation.  There are probably a few things in there I'd write differently now, but what else is new?

(As usual, a disclosure: in practice I did pharmaceutical tort defense litigation and continue in a small consulting role today.)

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