Celesq® Programs

New Clarity on “Clear Evidence Adjudication of Implied Preemption Defenses in Prescription Drug Product Liability Cases

Active
Program Number
29139
Program Date
2019-09-20

In Merck Sharp & Dohme, Inc. v. Albrecht, 2019 WL 2166393 (U.S. May 20, 2019), the Supreme Court answered two significant questions governing the litigation of the implied federal preemption defense in prescription drug product liability cases: (1) procedurally, the ultimate determination of whether a claim is preempted is to be answered by the court, not the jury, and (2) substantively, the question the court must ultimately decide is simply “whether the relevant federal and state laws ‘irreconcilably conflict. Of course, the question is not that simple. This program will put the case and its significance in context by exploring the background of the decision, explore and explain what it means for litigants in drug cases where preemption is raised as a defense, and discuss some of the important questions that linger after the long-awaited decision.

Available in States

  • California
  • Georgia
  • New Jersey
  • New York
  • Texas Self Study

Program Categories

  • Administrative Law & Regulations
  • Constitutional Law
  • Criminal Law & Procedure
  • Criminal Law & White Collar
  • Federal Courts
  • Health Care Law
  • Litigation & Litigation Skills
  • Litigation and Appeals
  • Trial Skills