A Shift in the Preemption Landscape?
39 Pages Posted: 25 Jun 2019 Last revised: 9 Jun 2020
Date Written: June 19, 2019
This article discusses the Supreme Court's recent decision in Merck, Sharp & Dohme v. Albrecht and its effect on the law of preemption. The Supreme Court held that judges, not juries, should decide preemption questions. It also issued a series of non-binding statements regarding the standards for preemption. This article discusses the Supreme Court decision and its potential effects on future cases.
Keywords: preemption, constitution, mass torts, tort, pharmaceutical, litigation
Suggested Citation: Suggested Citation