Case Updates
Outcome
February 23, 2010
The court reversed the judgment of the district court, which had held that the plaintiffs' claims were preempted. The case was remanded for further proceedings.
U.S. Chamber files amicus brief on effect of FDA’s decision to reject warnings on conflict preemption defense
June 02, 2009
NCLC urged the Seventh Circuit to hold that the FDA’s rejection of additional warnings for SSRI drugs affords the defendant a conflict preemption defense in this failure to warn case. In its brief, NCLC argued that state failure-to-warn lawsuits could result in ‘overwarning,’ where multiple warnings make it difficult for prescribers to make appropriate judgments about the benefits and risks of drug use.