Tuesday, September 30, 2008
First, Drug and Device Law Blog have posted an excellent primer on preemption. As Beck and Herrmann succinctly state:
Implied preemption of tort cases is a big deal because how the Supreme Court addresses implied preemption in Levine – the legal principles it recognizes as controlling – will be applicable to analogous regulatory conflict situations involving any other product and any other agency.
Second, Benjamin Zipurksy follows up on last week's Findlaw column with an interview at Pharmalot. Zipursky explains why he thinks Wyeth v. Levine is a bad vehicle for the Supreme Court to rule on preemption.