STORY FROM: Drugs & Medical Devices

Merck Asks High Court to Review Reinstatement of Failure-To-Warn Claims in Fosamax MDL

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 ...

Associated Law Firms
Carella Byrne Cecchi Olstein Brody & Agnello
Fox Rothschild
Hughes Hubbard & Reed
Kellogg Hansen Todd Figel & Frederick
King & Spalding
Skadden Arps Slate Meagher & Flom
Venable
Weitz & Luxenberg

Associated Documents
3rd Circuit Ruling



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