Add to ORKGA mere five years ago, the Food and Drug Administration (the FDA ) began, for the first time in its 100-year history, to take the position that its prescription drug labeling regulations defeated the ability of injured plaintiffs to pursue common law tort claims based on the adequacy of the labeling. This position, radical to many and rational to others, places federal preemption of prescription drug labeling actions directly in the center of the debate over the proper roles of federal regulation and state tort laws in promoting product safety. The U.S. Supreme Court has contributed to this debate with several product liability preemption decisions in the past two decades. Seeking to promote both understanding and balance regarding the ope...
Perhaps the most dramatic indication that the courts have shifted attitudes on health and safety mat...
The authors state that the U.S. Supreme Court’s preemption ruling in Mutual Pharmaceutical Co. v. Ba...
The U.S. Supreme Court’s decision in Wyeth v. Levine sharply limited the availability of implied pre...
A mere five years ago, the Food and Drug Administration (the FDA ) began, for the first time in its...
The Food and Drug Administration (FDA) has promulgated a new regulation which revises the format for...
Federally approved prescription drug labeling has not been considered conclusive on the reasonablene...
Federal agencies now regulate the manufacture, design, and labeling of hundreds of consumer products...
On March 4, 2009, the United States Supreme Court decided Wyeth v. Levine. In that case, the Court c...
The U.S. Supreme Court’s important ruling in Mutual Pharmaceutical Co., Inc. v. Bartlett concerns wh...
Part I of this article examines the preemption doctrine while Part II explores the development of th...
Most people think of preemption as a technical constitutional doctrine, but it is pivotally importan...
Prescription drug warning labels are regulated by both state products liability law and federal regu...
This Comment uses the recent Paxil litigation as an example of how the rise of federal bureaucratic ...
The dispute over FDA regulatory preemption is familiar: Preemption advocates assert that products li...
Should the Food and Drug Administration (FDA)’s determination that a product is safe negate a privat...
Perhaps the most dramatic indication that the courts have shifted attitudes on health and safety mat...
The authors state that the U.S. Supreme Court’s preemption ruling in Mutual Pharmaceutical Co. v. Ba...
The U.S. Supreme Court’s decision in Wyeth v. Levine sharply limited the availability of implied pre...
A mere five years ago, the Food and Drug Administration (the FDA ) began, for the first time in its...
The Food and Drug Administration (FDA) has promulgated a new regulation which revises the format for...
Federally approved prescription drug labeling has not been considered conclusive on the reasonablene...
Federal agencies now regulate the manufacture, design, and labeling of hundreds of consumer products...
On March 4, 2009, the United States Supreme Court decided Wyeth v. Levine. In that case, the Court c...
The U.S. Supreme Court’s important ruling in Mutual Pharmaceutical Co., Inc. v. Bartlett concerns wh...
Part I of this article examines the preemption doctrine while Part II explores the development of th...
Most people think of preemption as a technical constitutional doctrine, but it is pivotally importan...
Prescription drug warning labels are regulated by both state products liability law and federal regu...
This Comment uses the recent Paxil litigation as an example of how the rise of federal bureaucratic ...
The dispute over FDA regulatory preemption is familiar: Preemption advocates assert that products li...
Should the Food and Drug Administration (FDA)’s determination that a product is safe negate a privat...
Perhaps the most dramatic indication that the courts have shifted attitudes on health and safety mat...
The authors state that the U.S. Supreme Court’s preemption ruling in Mutual Pharmaceutical Co. v. Ba...
The U.S. Supreme Court’s decision in Wyeth v. Levine sharply limited the availability of implied pre...