May 20, 2019

Labeling Preemption Questions Are for the Court, Not the Jury, Holds U.S. Supreme Court in Fosamax Decision That Clarifies the “Clear Evidence” Standard

In this Drinker Biddle on Products post, Kaitlyn Stone discusses the recent U.S. Supreme Court holding that a judge, not a jury, is the better-positioned and appropriate decisionmaker to determine whether a failure-to-warn claim is federally preempted. The Court also clarified the “clear evidence” standard governing an impossibility preemption defense to failure-to-warn claims.

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