Thank you for sharing!

Your article was successfully shared with the contacts you provided.
opioid pills prescription medicine drugs Credit: Kimberly Boyles/Shutterstock.com

The U.S. Supreme Court’s recent decision in Merck Sharpe & Dohme Corp. v. Albrecht, confirms that in all but exceptional circumstances, consumers can still recover after being injured by brand-name prescription drugs, and that preemption remains a “demanding defense.” __ U.S. __ (2019) (slip op. 13). In so ruling, however, the majority of the court added a new wrinkle to deciding preemption cases with its conclusion that judges, not juries, should decide whether federal drug regulation preempts state-law tort claims.

This premium content is locked for
New Jersey Law Journal subscribers only.

*May exclude premium content
Already have an account?
Interested in customizing your subscription with Law.com All Access?
Contact our Sales Professionals at 1-855-808-4530 or send an email to groupsales@alm.com to learn more.


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2019 ALM Media Properties, LLC. All Rights Reserved.