Supreme Court Docket
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[Download Febuary 19, 2008 Argument Calendar PDF]
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Warner-Lambert Co. v. Kent
Warner-Lambert Co., LLC, et al. v. Kimberly Kent, et al.
Tort Reform, Federal Preemption, Pharmaceuticals, FDA Approval, Fraud on the Agency, Product Liability
- Whether, under the conflict preemption principles in Buckman Co. v. Plaintiffs'
Legal Comm., 531 U.S. 341 (2001), federal law preempts state law to the extent
that it requires the fact-finder to determine whether the defendant committed fraud
on a federal agency that impacted the agency's product approval, where the
agencywhich is authorized by Congress to investigate and determine fraudhas
not found any such fraud, and thusas in Buckmanthe state requirement would
interfere with the agency's critical functions.
- Whether, under the conflict preemption principles in Buckman, federal law
preempts the provision in a Michigan statute that allows a product liability claim to
be maintained against a manufacturer of an FDA approved drug where, without an
FDA finding of fraud on that agency, the fact-finder is required to make a finding
under state law as to whether the manufacturer committed fraud-on-the-FDA and
whether, in the absence of that fraud, the FDA would not have approved the drug.
Counsel of Record
- Docket Sheet From the U.S. Supreme Court.
- Northwestern University - Medill School of Journalism: On the Docket
Carter G. Phillips
Sidley Austin LLP
Goldberg, Persky & White, P.C.
Charfoos & Christensen PC
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