Thanks to recusal of the Chief Justice, the Supreme Court today deadlocked on whether federal law pre-empts a state law that allows products liability claims despite approval of an injury-causing drug by the Food and Drug Administration. The Michigan statute at issue protects a pharmaceuticals manufacturer whose product receives the FDA’s blessing unless the plaintiff shows the drug-maker committed fraud in the review process. Warner-Lambert Co. v. Kent, No. 06-1498 (U.S. Mar. 3, 2008) (per curiam), aff’g Desiano v. Warner-Lambert Co., No. 05-1705 (2d Cir. Oct. 5, 2006).
WSJ story here.
