Tomorrow we'll all be glued to our TVs, radios, computer screens, teletypes and telegraphs for news of the Election. But today it's all about Wyeth v. Levine, the critical case addressing whether consumers' lawsuits against drug companies for failing to warn them of the risks of dangerous drugs are preempted by federal law. For previous posts on this topic and background, go here.
The Supreme Court heard oral arguments in the Wyeth case today, and reports from the hearing are starting to trickle in. The transcript is now up on the Supreme Court's website. Here's an analysis posted at the Drug and Device Law Blog, which is written by lawyers who represent drug and medical device company defendants. Here's a report on Pharmalot. And this morning the Wall Street Journal Health Blog wondered allowed "Would an Obama Victory Preempt Wyeth v. Levine?"
We here at Prescription Access Litigation make no secret of the fact that we oppose preemption here. We joined an amicus curiae ("friend of the Court") brief with AARP and the National Women's Health Network in the Wyeth case. You can view that brief here.