In 2009, the United States Supreme Court issued a 6-3 opinion rejecting the argument that FDA approval of brand-name prescription drug labeling preempts state tort law claims in pharmaceutical product
Practice Tip: Pliva, Inc. v. Mensing
There is language in the <i>Mensing</i> opinion written by Justice Thomas, as well as in Justice Sotomayer's dissenting opinion, which suggests that the Court might be receptive to prescription drug preemption arguments.
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