Merck Sharp & Dohme Corp. v. Albrecht
On June 16, 2025, the Supreme Court declined to review a Third Circuit decision that muddies when federal law preempts a plaintiff’s state-law failure-to-warn claim. The decision was a setback for WLF, which argued in its amicus brief that the Third Circuit’s approach strayed from Albrecht I’s clear path and the Supremacy Clause’s mandate. WLF further showed why the Third Circuit’s so-called presumption against preemption has no support in the Constitution’s text or history. And WLF cautioned that allowing the Third Circuit’s decision to stand would chill the innovation of lifesaving and therapeutic drugs.
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