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Building a Winning Federal Preemption Defense – Implications of Merck v. Albrecht and Lessons Learned from Trials of Dolin v. GSK and Glynn v. Merck


Last month, in the highly anticipated case of Merck Sharp & Dohme v. Albrecht, the United States Supreme Court remanded failure-to-warn claims against Merck to the U.S. Court of Appeals for the Third Circuit for a determination of whether federal law preempts such claims.  At issue is whether federal law preempts state-law failure-to-warn claims against Merck when the U.S. Food and Drug Administration (“FDA”) had rejected Merck’s effort to warn about the risk of atypical femur fractures in patients taking the osteoporosis medication Fosamax. 

Drawing on their experience trying this preemption question to a jury in the first bellwether trial in the Fosamax/atypical femur fracture multidistrict litigation, In re Fosamax (Alendronate Sodium) Prods. Liab. Litig., as well as trying the preemption issue in the Paxil/suicidality litigation for GSK, Dolin v. GlaxoSmithKline LLC, the presenters will address:

  • The current state of preemption jurisprudence;
  • Strategies for proactively building a preemption defense in advance of litigation and at trial; and
  • Next steps for pharmaceutical manufacturers in light of the Supreme Court’s ruling in Albrecht

Tuesday, June 25, 2019
1:00 P.M. – 2:15 P.M. ET

CLE
King & Spalding is an accredited provider of CLE credit in California, Georgia, Illinois, New York and Texas. We can issue reciprocal credit for attorneys licensed in Connecticut, Florida, and New Jersey. We will apply for credit in Colorado, North Carolina and Virginia (subject to MCLE Board approval). For jurisdictions not listed, attendees are provided with a Universal Certificate of Attendance. New York licensed attorneys: Transitional/Appropriate for newly-admitted and experienced attorneys. Financial aid is available for qualifying lawyers. For CLE-related questions, please contact Gisel Arias, garias@kslaw.com. King & Spalding, 1180 Peachtree Street NE, Atlanta, GA 30309. CA Provider #10947.

If you have questions concerning this roundtable webinar, e-mail lifesciences-healthcare@kslaw.com.

Event Details

Date: June 25, 2019

Time: 1:00 pm (ET)

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