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Pre-emption On High: Supreme Court To Tackle Fraud Before Failure With Rezulin

Executive Summary

The U.S. Supreme Court is taking up a case that could limit when individuals can pursue state tort claims against drug manufacturers. On Sept. 25, the court granted Warner-Lambert's petition to hear a product liability case involving its diabetes drug Rezulin (troglitazone). At issue is whether federal law pre-empts a Michigan statute that allows someone to file a product liability claim if FDA has not found the manufacturer has concealed information from the agency

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