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Waxman attacks FDA preemption rule

The legal argument over preemption is already heating up again. You know the idea, that FDA approval shields drugmakers from state-court liability suits. The Supreme Court is set to rule on the idea... Read more...

Judge reverses Paxil preemption ruling

Pre-emption fans took one on the chin last week when a federal judge changed his mind. U.S. District Court Judge David Hamilton reversed a previous opinion that dismissed a Paxil suicide case, saying... Read more...

Dems plan anti-preemption bill for devices

What the Supreme Court gives, Congress may take away. Democrats are planning to introduce legislation that would specify that FDA regulation doesn't shield device makers from state liability suits.... Read more...

Did Merck settle too soon?

Yesterday, we reported that two appeals courts--in Texas and New Jersey--overturned multimillion-dollar verdicts against Merck in Vioxx cases. The Jersey court's reasoning: A state product liability... Read more...

Preemption debate heats up

That little legal argument known as preemption is back in the news. You know the one: That FDA approval, being federal, supersedes any state-court lawsuits over blessed drugs and devices. Read more...

SPOTLIGHT: High Court won't hear "Zoloft defense"

The U.S. Supreme Court has refused to hear an appeal in the infamous "Zoloft defense" case of a teen sentenced to 30 years for killing his grandparents with a shotgun. The case attracted nationwide... Read more...

SPOTLIGHT: New bill would change law on device suits

Last month, the U.S. Supreme Court voted that patients can't sue device makers over products approved by the FDA. Now, a Congressman has introduced a bill that would change the law to make those... Read more...

Bush: FDA's word shields against lawsuits

Preempt away. That's what the Bush Administration told the Supreme Court yesterday, supporting Medtronic's contention that its FDA-approved products shouldn't be subject to liability claims in state... Read more...

Supreme Court to hear Pfizer liability case

Do states have any business policing drugs? We're about to find out. The Supreme Court has agreed to hear Pfizer's appeal in a product liability suit originally brought in a Michigan court, but... Read more...