In this Drinker Biddle on Products post, Kaitlyn Stone discusses the recent U.S. Supreme Court holding that a judge, not a jury, is the better-positioned and appropriate decisionmaker to determine whether a failure-to-warn claim is federally preempted. The Court also clarified the “clear evidence” standard governing an impossibility preemption defense to failure-to-warn claims.

Source: Drinker Biddle on Products blog
Leave Drinker Biddle to Learn More