Monday, March 3, 2008

Well, Thanks for All That Guidance, Supremes -- Kent Decided

Here [PDF] is the Supreme Court opinion affirming the Second Circuit in Warner-Lambert v. Kent.

Take a moment to digest it.

And that's all you'll need. It's per curiam.

For now, anyway, then, Buckman is limited. And preemption is that much more complicated. And the Drug & Device guys were thisclose to getting it right.

--BC

http://lawprofessors.typepad.com/tortsprof/2008/03/well-thanks-for.html

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