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Case Detail


Warner-Lambert Co. LLC v. Kent
On March 3, 2008, announced that it it was evenly divided on whether to overturn an appeals court decision that permits plaintiffs' lawyers to bring state-law tort suits against drug companies, even when those suits have the effect of second-guessing decisions of the Food and Drug Administration to approve the marketing of a new drug. The result of the 4-4 decision is that the appeals court decision is affirmed; but the decision has no precedential value, and the Court issued no opinion. The decision was a disappointment for WLF, which filed a brief urging that the appeals court decision be overturned. WLF argued that any product liability suit that requires a court to litigate claims that a manufacturer obtained marketing approval by defrauding the FDA is preempted by federal law. WLF argued that Congress intended to prohibit such suits because they interfere with FDA's ability to regulate the marketing of drugs and to police fraud on the agency.
Case Status:
Lower court decision affirmed by tie vote.
More Information and Downloads:
7/20/2007: Download the Brief

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