Sunday, November 2, 2008
Wyeth v. Levine Argument Was Heard Monday
Oral argument in the big preemption case of the Supreme Court Term, Wyeth v. Levine (06-1249) is scheduled for Monday, Nov. 3, 2008. The case concerns whether federal law preempts state torts claims imposing liability on drug labeling that the FDA had previously approved.
Edited to add: the transcript is available on the Supreme Court website here.
Documents related to the case are available on Scotusblog. The Scotusblog coverage is very good. Readers might also be interested in the anti preemption point of view, which can be found (among other places) in the linked ACS publication by Law Professor David Vladeck. The pro-preemption point of view can be found at Drug and Device Law blog and the links therein.
ADL
https://lawprofessors.typepad.com/mass_tort_litigation/2008/11/wyeth-v-levine.html