On May 17, 2021, the Supreme Court declined to hear an important pharmaceutical preemption case. This was a setback for WLF, which had argued in its amicus brief that the Superior Court of Pennsylvania’s decision applied a non-existent presumption against preemption. WLF’s brief also explained how the Superior Court’s decision conflicted with federal court decisions on the same issue. The denial of cert will likely narrow the availability of federal preemption in prescription-drug cases.
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