De Novo Review Blog

How the SCOTUS decision in Merck v. Albrecht impacts plaintiffs

On May 20, 2019, the U.S. Supreme Court held that the judge, not the jury, must decide whether state-law failure-to-warn claims are preempted by federal law on the ground that there is “clear evidence” that the U.S. Food and Drug Administration (FDA) would not have approved the warning that state law requires. Litigation resulting from […]

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