A key pharmaceutical industry case argued just last week before the Supreme Court ended Monday morning with a loss for the industry. The Court announced it was divided 4-4 in the case Warner-Lambert v. Kent, a split that resulted from the recusal of Chief Justice John Roberts Jr. At issue in the case was whether federal law pre-empts a Michigan statute that allows suits against drug makers when plaintiffs can show that the manufacturers deliberately defrauded the Food and Drug Administration.
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Roberts' Recusal Is Poison Pill for Drug Case Before Supreme Court
Legal Times
March 4, 2008
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