Tuesday, September 25, 2007

Desiano: Cert granted

The Supreme Court today granted certiorari in the case formerly known as Desiano.

The case comes out of the Second Circuit. In very general terms, Michigan state law protects drug manufacturers from liability in products cases unless the manufacturer defrauded the Food and Drug Administration. The question is whether Buckman preemption invalidates the fraud-on-the-FDA exception, leaving intact only the bar on liability.

In the Supreme Court, the case is called Warner-Lambert v. Kent (06-1498) . Here's the docket showing the grant of cert, the cert petition itself, the brief in opposition, and the reply brief.

Much more to come, obviously.

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