Wednesday, October 9, 2013

Supreme Court rejects case in which the drugmaker argued that state courts don't have authority to recognize punitive damages because of preemption

A few days ago I reported that Novartis had asked the US Supreme Court to decide that state courts are preempted from imposing punitive damages against pharmaceutical companies based on the notion of preemption.  See the post directly below this one.  Well, it didn't take long for the Court to decide.  Pharmalot is reporting today that the Court decided to deny review of the case.  This means that, for now at least, product liability claims for punitive damages related to injuries caused by prescription drugs are not preempted in state courts.  Pharmalot has the details here.