Recognizing that a wide range of practical and helpful material appears in the newsletters prepared by committees of the International Association of Defense Counsel, this department highlights interesting topics covered in recent newsletters and presents excerpts from them.
Pre-emption as a Defense In Pharmaceutical Litigation
Writing in the March issue of the newsletter of the Drug, Device and Biotech Committee, Linda E. Maichl and Joseph P. Thomas of Ulmer & Berne, Cincinnati, tell about the latest in federal pre-emption:
Historically, the pre-emption defense has met with little or no success in pharmaceutical litigation. While it has been asserted …