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Second Circuit Review: Products Liability Law Held Not Pre-Empted; Circuits Split
October 25, 2006 Full PDF
Marty Flumenbaum and Brad Karp's "Second Circuit Review" column appeared in the October 25 New York Law Journal. The article, "Products Liability Law Held Not Pre-Empted; Circuits Split," reports on a recent decision by the U.S. Court of Appeals for the Second Circuit, "holding that federal law does not pre-empt a Michigan statute that allows product liability claims to proceed against drug manufacturers concerning drugs whose Food and Drug Administration (FDA) approval is fraudulently procured." This decision created a split among the Federal Circuit courts, and as the authors state, "In so ruling, the Second Circuit declined to defer to a U.S. Court of Appeals for the Sixth Circuit decision reaching the opposite result, thereby creating a circuit split on the issue, and demonstrating how the transfer of a case as part of multidistrict litigation can be outcome dispositive." Associate Jennifer Hurley assisted with the preparation of this article.