Three top Supreme Court advocates -- former solicitor general Seth Waxman, deputy solicitor general Edwin Kneedler, and David Frederick of Kellogg, Huber, Hansen, Todd, Evans & Figel -- squared off this morning in the Wyeth v. Levine case, possibly the top business case of the term. At issue is whether the federal law on drug labeling pre-empts or trumps state tort lawsuits bought by injured patients based on labeling issues. Federal pre-emption has become a key goal for the business community as a way to rid itself of unpredictable state litigation.
Waxman, representing Wyeth, and Kneedler, supporting Wyeth on behalf of the government, got some skeptical questioning from justices over their clients' actions and inactions in improving the labeling for the Wyeth anti-nausea drug Phenergan. But Frederick also got tough questioning. He represented Diana Levine, a Vermont musician who lost her arm to gangrene after Phenergan was improperly administered. For more on the argument, check out this article at legaltimes.com
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