The U.S. Court of Appeals for the Third Circuit. Photo: Diego M. Radzinschi/ALM 3rd Circuit Revives Fosamax MDL Over Questions of Preemption
The decision, which the U.S. Court of Appeals for the Third Circuit said was a "close call," hinged on whether an informal communication in the form of a letter the FDA sent to Merck was sufficient to establish preemption.
September 23, 2024 at 03:27 PM
4 minute read
Pharmaceuticals
The U.S. Court of Appeals for the Third Circuit has rejected arguments that the plaintiffs' claims in the Fosamax litigation should be preempted by U.S. Food and Drug Administration regulations.
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