STORY FROM: Drugs & Medical Devices
Merck Asks High Court to Review Reinstatement of Failure-To-Warn Claims in Fosamax MDL
September 6, 2017
PHILADELPHIA — Merck has asked the U.S. Supreme Court to review a federal appeals court’s reinstatement of failure-to-warn claims in the Fosamax MDL, arguing the claims are preempted because the Food and Drug Administration would not have approved enhanced warnings to the label.
In filing a petition for certiorari on Aug. 22, Merck seeks to challenge the 3rd Circuit U.S. Court of Appeals’ determination that the preemption issue is factual and cannot be resolved on a motion for summary judgment.
The appellate court held that under the “clear evidence” standard set forth in Wyeth v. Levine, the factfinder must conclude ...
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Carella Byrne Cecchi Olstein Brody & Agnello
Hughes Hubbard & Reed
Kellogg Hansen Todd Figel & Frederick
King & Spalding
Skadden Arps Slate Meagher & Flom
Weitz & Luxenberg
3rd Circuit Ruling