U.S. Supreme Courts Preemption Ruling Opens Door to Consumer Rights
LawyersUSA Issue 3/2009-Kimberly Atkins-According to this article the U.S. Supreme Courts recently ruling that State law drug claims are not automatically preempted by federal law is expected to open the doors to consumer litigation. In short, this ruling, according to Brian Wolfman, Director of Public Citizen Litigation Group, “affirms that preemption is the exception and not the rule.” In the subject case, Wyeth V. Levine, the U.S. Supreme Court up held a 6 million state court verdict for Diana Levine, a Vermont woman who lost her arm after being injected with the anti nausea drug Phenergan.
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