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Ending the Myth That Branded Drug Companies Cannot Benefit from Preemption

A myth has surfaced over the past few years that federal drug law preempts product liability suits against generic drug companies, but not brand-name manufacturers. This myth stems from an over-simplification of three U.S. Supreme Court cases. .

10 minute read February 29, 2016 at 11:00 PM
By
Victor E. Schwartz and Phil S.Goldberg
Ending the Myth That Branded Drug Companies Cannot Benefit from Preemption

A myth has surfaced over the past few years that federal drug law preempts product liability suits against generic drug companies, but not brand-name manufacturers. This myth stems from an over-simplification of three U.S. Supreme Court cases.

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