Federal Pre-Emption After Wyeth v. Levine
Analyzing the Supreme Court’s Sweeping New Decision; Implications for Product Liability Litigation
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Wednesday, April 8, 2009
Recorded event now available
This seminar will provide a comprehensive analysis of the Wyeth v. Levine ruling, including the current state of the pre-emption defense in product liability litigation, claims that can survive a pre-emption defense, and strategies for litigating cases involving pre-emption issues.
Description
On March 4, 2009, the Supreme Court ruled against Wyeth in a landmark product liability case that will impact all federally regulated industries. Wyeth v. Levine represents a sea change in using the federal pre-emption doctrine as a defense against state tort suits.
The Wyeth decision holds that the FDA’s approval of drugs and their warning labels does not pre-empt stricter state tort laws that allow plaintiffs to sue for injuries sustained while using the drug. It is the third pre-emption opinion issued by the Supreme Court in recent years.
What is the future of the federal pre-emption defense after Wyeth? What issues does the ruling leave open?
Listen as our panel of attorneys analyzes the Wyeth v. Levine ruling and its implications for the future use of the pre-emption defense. The panel will discuss claims that can survive a pre-emption defense and strategies for litigation of cases in which pre-emption may be at issue.
Outline
- Wyeth v. Levine, No. 06-1249
- Majority opinion
- Dissent
- Case implications
- Significance of decision — a big deal?
- Application of decision — easy or difficult to apply?
- Interplay with other recent pre-emption decisions
- Broad implications
- Industry specific implications
Benefits
The panel will review these and other key questions:
- Where does Wyeth v. Levine leave the federal pre-emption defense in product liability suits?
- How will Wyeth impact express and implied pre-emption cases in the future?
- What strategies are available to litigation counsel when arguing for pre-emption in future product liability cases?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Scott H. Angstreich,
Partner
Kellogg Huber Hansen Todd Evans & Figel, Washington, D.C.
He represented Diana Levine in the Wyeth v. Levine case. He has argued 24 cases in nine different United States Courts of Appeals and before the Pennsylvania Supreme Court and Massachusetts Supreme Judicial Court. His practice encompasses a wide array of regulatory and appellate matters, with a particular focus on administrative law and telecommunications and energy regulation.
J. Russell Jackson,
Partner
Skadden Arps Slate Meagher & Flom, New York
He represents companies in class actions and multijurisdictional litigation involving allegations of products liability and violations of consumer fraud statutes. He lectures frequently and has written numerous articles on class action and products liability issues. He authors the blog, Jackson on Consumer Class Actions and Mass Torts, http://www.consumerclassactionsmasstorts.com/.
Steven B. Weisburd,
Partner
Dechert, Austin, Texas
His practice includes general business litigation, class action defense, Mass Torts and Products Liability, and appellate work in the federal and state courts and the U.S. Supreme Court. He has successfully represented many large corporations and is currently lead trial counsel or legal/strategic counsel in pending litigation for pharmaceutical, tobacco, cable, and outdoor retail industry clients.
Ordering
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Customer Reviews
The analyses of the various cases brought the subject matter together in a coherent manner.
Michael Minter
Miles & Stockbridge
One of the best CLEs outside my firm that I have attended in a long time. The materials and the dual perspectives were great and the comments on one another's presentations were very instructive.
Lisa Taylor Hudson
Sands Anderson Marks & Miller
The question and answer session was one of the best I've attended.
Tricia Le Meur
Phillips Parker Orberson & Arnett
I was impressed with the examples and the practical applications of the concepts.
Connie Sue Martin
Bullivant Houser Bailey
A focused presentation offering practical information in a concise format.
Una Kang
Saiber
Litigation Advisory Board
Partner
K&L Gates
Counsel
O’Melveny & Myers
Partner
Seyfarth Shaw
Partner
Baker & Hostetler
Partner
Mayer Brown
Partner
Winston & Strawn
Partner
Akin Gump Strauss Hauer & Feld
Robert B. (Barry) Wiggins
Of Counsel
Deloitte Financial Advisory Services