OT - Biogen loses Preemption arguement | Arthritis Information
One for our side! It was posted only hours ago so I haven't found a 'reputable' news report about it yet.
Pip
Hot diggety dog! Perhaps thats a start in the right direction.
I think the Biogen Boys jumped the gun on this one -- trying to get this lawsuit moved from a state court to a federal court. Not until this fall, will the Supreme Court rule on the issue of preemption -- whether federal laws and regulations trump state laws when it comes to product liability cases concerning FDA-approved drugs. Drugmakers assert that FDA approval of their medicines shields them from liability claims under state laws.
Federal Judge Woodlock, a Reagan appointee, wrote: "The Defendants are essentially proposing that I exercise federal jurisdiction given the unsettled nature of the law in this area. I decline their offer. "
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