Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
Term
Cert. Denied
Lower Court Opinion
Questions Presented
Whether federal law preempts state-law claims that a manufacturer failed to provide adequate warnings relating to the off-label use of their products, where federal law bars the manufacturer from unilaterally altering its labeling to provide such warnings.
Case Updates
Cert. petition denied
May 17, 2021
U.S. Chamber files coalition amicus brief urging U.S. Supreme Court to grant review in FDA preemption case
March 08, 2021
Click here to view the coalition brief filed by the U.S. Chamber, Pharmaceutical Research and Manufacturers of America, and American Tort Reform Association. The brief argues that federal law preempts state-law claims alleging that a drug manufacturer failed to warn of risks associated with off-label uses. Michael X. Imbroscio and Paul W. Schmidt of Covington & Burling LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.