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Full-Text Articles in Law

Federal Preemption Of State-Law Failure-To-Warn Claims: Has The Presumption Against Preemption Gone Too Far?, Amanda N. Hart Sep 2010

Federal Preemption Of State-Law Failure-To-Warn Claims: Has The Presumption Against Preemption Gone Too Far?, Amanda N. Hart

Seventh Circuit Review

Prescription drug warning labels are regulated by both state products liability law and federal regulations imposed by the Food, Drug, and Cosmetic Act. Often, federal law acts as a minimum standard to which states may add stricter labeling requirements. Occasionally, however, state and federal labeling requirements place a prescription drug manufacturer in a position where compliance with state products liability law causes it to violate federal regulations and vice versa. When this occurs, a decision must be made as to whether state or federal drug labeling requirements prevail. Historically, courts have taken the position that state products liability law preempted …


Preemption And The Public Health: How Wyeth V. Levine Stands To Change The Ways In Which We Implement Health Policy, Shane Levesque Jan 2010

Preemption And The Public Health: How Wyeth V. Levine Stands To Change The Ways In Which We Implement Health Policy, Shane Levesque

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Thoughts On Preemption In The Wake Of The Levine Decision, Erika Fisher Lietzan, Sarah E. Pitlyk Jan 2010

Thoughts On Preemption In The Wake Of The Levine Decision, Erika Fisher Lietzan, Sarah E. Pitlyk

Journal of Health Care Law and Policy

No abstract provided.


Life With A Rems: Challenges And Opportunities, Jennifer L. Bragg, Maya P. Florence Jan 2010

Life With A Rems: Challenges And Opportunities, Jennifer L. Bragg, Maya P. Florence

Journal of Health Care Law and Policy

No abstract provided.


Making Changes: Generic Drug Labeling And The Case Against Federal Preemption, Lesley A. Stout Jan 2010

Making Changes: Generic Drug Labeling And The Case Against Federal Preemption, Lesley A. Stout

Kentucky Law Journal

No abstract provided.