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 webinar with Q&A
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.
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
He represented Diana Levine in the Wyeth v. Levine case. He has argued 24 cases in nine different United States Courts... | Read More
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.
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J. Russell Jackson
Partner
Skadden Arps Slate Meagher & Flom
He represents companies in class actions and multijurisdictional litigation involving allegations of products liability... | Read More
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/.
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Steven B. Weisburd
Partner
Dechert
His practice includes general business litigation, class action defense, Mass Torts and Products Liability, and... | Read More
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.
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Strafford will process CLE credit for one person on each recording. All formats include course handouts.
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