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BNA - Planning for a Post-Levine World: Implications and Strategies for Manufacturers, U.S. Consumers and the Courts

May 12, 2009 • Audioconference

In Wyeth v. Levine, the United State Supreme Court rejected the argument that FDA approval of a pharmaceutical label preempts state tort law claims regarding their adequacy. Prescription drug manufacturers now face both a new Administration and the continued threat of unpredictable litigation exposure to a myriad of state product liability laws. On this 90-minute audioconference, panelists representing a wide range of legal expertise and experience will discuss what Levine means not just for manufacturers but for consumers and the courts as well. In particular, participants will learn about the new post-Levine standard for finding preemption in lawsuits involving prescription drugs and the prospects for the continued viability of a "preemption defense" to state failure-to-warn claims. The panelists will also discuss the impact of Levine on makers of generic drugs, the anticipated effect on large class actions and MDL litigation, the implications for new state consumer protection laws, the status of federal anti-preemption litigation and the FDA's reaction.

Heather Hodges is one of the panelists at this event.

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