TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Tuesday, September 25, 2007

Cert. Granted in Preemption Case

ScotusBlog notes it as having to do with preemption of claims of fraud on a federal agency, and Warner-Lambert is a party.  PLAC's amicus brief [PDF] explains the details; it arose from a preemption claim relating to Michigan's partial immunity for FDA-approved drugs.  The immunity is lifted if the plaintiffs can show (roughly) fraud on the FDA, which Warner-Lambert (now part of Pfizer), in Rezulin litigation, alleged was a preempted question under Buckman.

Should be interesting.

--BC (who does work for some pharma companies, but not Pfizer or Warner-Lambert to date)

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