CHEVRON'S SLIDING SCALE IN Wyeth v. Levine, 129 S. Ct. 1187 (2009)

Dickinson, Gregory M.
June 2010
Harvard Journal of Law & Public Policy;Summer2010, Vol. 33 Issue 3, p1177
Academic Journal
The article discusses a court case on the conflict between presumption against preemption in relation to the case Wyeth versus Levine, wherein the U.S. Supreme Court held that the Food and Drug Administration's drug labeling requirement did not preempt a state law failure-to-warn claim against a drug manufacturer. It shares the case where professional musician Diane Levine had her forearm amputated after she was administered Phenegran, a pain reliever manufactured by Wyeth. It states that the Court rejected Wyeth's obstacle preemption argument.


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