Robert Johnston Speaks on Preemption in Drug Product Liability at WLF Webinar
event | May 6, 2021
As noted by WLF, [t]he Supreme Court’s May 2019 Merck v. Albrecht decision clarified that judges, not juries, should analyze a prescription drug maker’s federal preemption defense in failure-to-warn suits. Under Albrecht, courts must decide whether companies could unilaterally add a warning under federal labeling rules.
At the webinar, Robert and fellow panelists examined recent court decisions implicating warnings and preemption, among them Janssen Pharm. v. A.Y., a state court decision that the company appealed to the Supreme Court.