Ohio federal Judge Solomon Olivier Jr. has ruled that one class of state law tort claims against drug makers is still pre-empted by federal law, even after the Supreme Court's Wyeth v. Levine ruling. Olivier was considering a case involving the Wyeth drug Redux. In 2008 he dismissed the plaintiff's case in its entirety, finding that her liability and negligence claims were pre-empted. The plaintiff asked the judge to reconsider in light of Levine. He did -- and he upheld his previous ruling.
Ohio Judge Rules Pre-emption Still Valid Defense -- Sometimes
The American Lawyer
March 24, 2009