In a major defeat for the pharmaceutical industry, the Supreme Court today ruled that state law tort suits are not pre-empted by the federal law governing drug labeling. The 6-3 ruling in Wyeth v. Levine was announced by Justice John Paul Stevens, who authored the majority opinion. It affirmed the view of the Vermont Supreme Court.
Dissenting were Justices Samuel Alito Jr. and Antonin Scalia, who were joined by Chief Justice John Roberts Jr. Roberts remained in the case even though his most recent financial disclosure form indicates he owns stock in Pfizer, which has announced plans to merge with Wyeth.
More later on the BLT and at legaltimes.com.
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