One of the top cases of the current Supreme Court term is Wyeth v. Levine, asking whether a state law tort action challenging the labeling on a Wyeth drug is pre-empted by federal law. The Court heard the case last November, and presumably voted privately on how to decide it days later. But a decision has not yet emerged.
Now, the outcome of the case could be in question, because of the recent announcement by Pfizer Inc. that it would acquire Wyeth. Chief Justice John Roberts Jr. owns Pfizer stock that has prompted his recusal in previous cases. The outcome of the Levine case is likely to affect Wyeth’s value, and in turn Pfizer’s.
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