Bi-Annual Update Regarding Pharmaceutical and Medical Device Federal Preemption

The defense of federal preemption continues to be an effective tool for pharmaceutical and medical device manufacturers defending against tort state claims.  This Bi-Annual Update provides a summary of preemption decisions and trends issued since our March 2006 edition, which is available at http://www.reedsmith.com/vol-ii-no-8-august-2006-08-15-2006/.  It first reviews the impact of the FDA’s Final Rule regarding prescription drug labeling, and then provides an update regarding new federal and state decisions on express preemption in medical device cases.

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