Sunday, October 6, 2013

Supreme Court asked to decide whether state courts are preempted from imposing punitive damages against pharmaceutical companies

Pharmaceutical company Novartis has filed a petition before the Supreme Court asking the Court to rule that state courts are precluded from imposing punitive damages based on preemption. Novartis has acknowledged that the Supreme Court has held that a cause of action against a pharmaceutical company is not preempted but Novartis maintains the decision does not apply to punitive damages.  Pharmalot has more information about the case here.