Bartlett that federal law preempts design-defect claims against the manufacturer of a generic drug.
First, federal law preempts state labeling rules that conflict with FDA policy.
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The fall 2003 amendments to the FCRA include a provision that broadens the law's preemptive scope--the bankers say this means the FCRA now preempts SB1.
The central issue is whether federal regulation preempts state tort law.
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The district court granted judgment for Wyeth, holding that Section 22(b)(1) of the Vaccine Act expressly preempts all design defect claims arising from a vaccine-related injury.
FORBES: High Court Upholds Federal Preemption of Design Defect Claims Against Vaccine Makers
The US Supreme Court this week agreed to allow the Solicitor General to argue that federal law preempts personal injury lawsuits claiming design defects from proceeding in state courts.
The outcome of their appeal, filed Aug. 2, will decide the fate of the strictest state privacy law on the books, and the crucial issue of whether federal law preempts such state laws.
It will likely argue that the collective bargaining agreement preempts the filing of concussion lawsuits under federal labor law, because the issue of medical care of players is not subject to litigation.
Finally, federal law preempts state laws that conflict, as in the case of Prop. 37, and federal appeals courts have found repeatedly that mandatory labeling must pertain to issues of health or safe use.
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Generic drugmakers may get a boost now that the US Supreme Court has agreed to allow the Solicitor General to argue that federal law preempts personal injury lawsuits claiming design defects from proceeding in state courts.
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Mutual, however, argues that federal law preempts this type of claim, because the FDA had already approved its drug and federal law also requires a generic drug to have the same design as the brand-name medication ( here is the petition).
FORBES: Good For Generic Drugmakers? White House To Argue In Favor Of Preemption
Yesterday, the U. S. Supreme Court recognized that Congress meant what it said, holding that the Vaccine Act expressly preempts all state-law products liability suits challenging the design of widely administered childhood vaccines, which the Food and Drug Administration (FDA) has already determined to be safe and effective.
FORBES: High Court Upholds Federal Preemption of Design Defect Claims Against Vaccine Makers
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