Pre-emption in High Court
This article was originally published in The Tan Sheet
Executive Summary
The U.S. Supreme Court on Sept. 25 grants a petition to hear a case that could limit when state tort claims can be pressed against drug firms, a product liability claim involving Warner-Lambert's diabetes drug Rezulin (troglitazone). At issue is whether federal law pre-empts a Michigan statute that allows product liability claims if FDA has not found a manufacturer has concealed information from the agency. The case and another suit the court previously agreed to hear - Reigel v. Medtronic, which addresses whether FDA premarket approval of a medical device provides protection from state product liability suits - challenge the limits on federal pre-emption sustained in the FDA reauthorization law enacted Sept. 27, P.L. 110-85 (1"The Tan Sheet" Oct. 1, 2007, p 11)...
You may also be interested in...
Pre-emption Limits Survive Congress, But Will Face Supreme Court
The FDA reauthorization law signed by President Bush Sept. 27 includes provisions intended to sustain limits on federal pre-emption, but the concept is challenged in several ongoing cases that could reach the Supreme Court in coming sessions
Hanmi-OCI Merger Hits Wall As Brothers Win Shareholder Vote, Board Seats
The planned merger of Korea's Hanmi Pharm Group with OCI Group hits a major speed bump as the two sons of Hanmi's founder and other candidates recommended by them secture board seats. But it remains to be seen how the Lim brothers will fulfil their ambitious promises.
Beauty Firms Using AI-Based Tools Could Be Subject To Health Privacy Laws In US States
Using AI-based programs to collect and store consumer information risks running afoul of new health privacy laws cropping up in US states. Lack of federal regulation or guidance on the issue is one of the biggest challenges for beauty firms deploying AI, according to Stacy Marcus, partner at Reed Smith LLP.