Preemption, Preemption, A Heck of a Doctrine

Okay, that doesn’t rhyme.

The Drug & Device blog summarizes a new opinion finding that state warning claims are preempted, in part due to the FDA preemption preamble.  Worth a read, and these cases will be well worth following as they work their way through the system.

(As usual, a reminder that I do some work for pharmaceutical defendants who would obviously be affected by these cases.)