The role of federal preemption in injury prevention litigation.
نویسنده
چکیده
منابع مشابه
Role of litigation in preventing product-related injuries.
Injuries and the law are connected in many important ways. The law can be a powerful tool for reducing the risk of injury (1). Laws can compel certain individual behaviors, such as seatbelt use, and prohibit other behaviors, such as speeding, to protect the safety of us all. Laws can also require product manufacturers to design and market their products in a manner that will reduce the likeliho...
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In Wyeth v. Levine, decided in March, 2009, the United States Supreme Court concluded that the plaintiff's failure to warn claim against the makers of the drug Phenergan was not impliedly preempted by the Food, Drug and Cosmetic Act. In doing so, the Court rejected the argument of the U.S. Food and Drug Administration (FDA) that tort claims of this nature stand as an obstacle to federal regulat...
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عنوان ژورنال:
- The Journal of law, medicine & ethics : a journal of the American Society of Law, Medicine & Ethics
دوره 39 Suppl 1 شماره
صفحات -
تاریخ انتشار 2011