Wednesday, March 4, 2009
Supreme Court decides Wyeth v Levine
The most anticipated Supreme Court opinion related to tort law this term is now in! I have not had a chance to read it, but according to reports it concludes that state claims against pharmacutical companies for inadequate warnings are NOT pre-empted by federal law. This is a huge (and unexpected) victory for consumers and a huge loss for the pharmaceutical industry. According to reports the vote was 6 to 3, which is also a surprise. The text of the opinion is available here. I will post more comments in the next few days.