Wyeth Decision: Impact

Yesterday’s widely-anticipated decision by the U.S. Supreme Court in Wyeth v. Levine on the issue of federal preemption has huge significance for product liability litigation. In a 6-3 opinion, the Court decided that federal approval does not preempt consumer complaints in state courts, effectively opening the floodgates to a wave of potential product liability tort suits against pharmaceutical companies at the state level. We’re not lawyers, but a variety of commentaries by others hint at the significance of this decision for the broader business community, including insurers. Among many others, check out: the Wall Street Journal Law Blog, an editorial opinion in the New York Times, SCOTUSBLOG, and the BLT: the blog of Legal Times. Check out our earlier postings on preemption here and here.

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