Recently by John P. Lavelle, Jr.
Preemption Of Failure-To-Warn Claims: The Battle Inside And Outside The Courtroom
In January 2006, the FDA issued its much-anticipated new prescription drug labeling rule. The rule states the agency's position that FDA approval of labeling preempts many state law failure-to-warn claims. If generally adopted, the FDA's position will eliminate many of the most common tort claims...
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