Personal Injury Litigation: Federal Preemption as a Defense in Drug and Medical Device, and Pesticide Litigation
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will explore the defense of federal preemption to common law personal injury claims against drug manufacturers for failure to warn, emphasizing "impossibility" preemption. The panel will discuss what is required to succeed on this defense and how "presumption against preemption" should play no role in the analysis.
Outline
- Federal statutes regulating drugs and devices
- Overview of preemption
- Types of preemption
- How asserted
- Implied preemption under Food, Drug and Cosmetic Act
- Wyeth v. Levine
- Merck v. Albrecht
- Mutual Pharmaceutical v. Bartlett
- PLIVA v. Mensing
Benefits
The panel will review these and other issues:
- Is there a heightened evidentiary standard for preemption cases
- What cases are "Levine-like"?
- What kind of discovery is relevant to and permitted in connection with deciding preemption?
Faculty
John M. Masslon, II
Senior Litigation Counsel
Washington Legal Foundation
Mr. Masslon joined Washington Legal Foundation 2020 after having served as Assistant Solicitor General for the State of... | Read More
Mr. Masslon joined Washington Legal Foundation 2020 after having served as Assistant Solicitor General for the State of West Virginia, where he regularly practiced before both state and federal appellate courts. He also acquired invaluable experience while clerking for judges on the U.S. District Court for the Western District of Pennsylvania and the Superior Court of Pennsylvania. Mr. Masslon graduated magna cum laude from Clemson University, where he majored in Economics. Following additional graduate study in Economics, he went on to receive a J.D. and an L.L.M. in Taxation from Georgetown University Law Center.
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David J. Wool
Partner
Andrus Wagstaff
Mr. Wool represents clients in toxic tort, pharmaceutical and medical device litigation. He has been intricately... | Read More
Mr. Wool represents clients in toxic tort, pharmaceutical and medical device litigation. He has been intricately involved in the several major litigations. Mr. Wool was appointed to the Plaintiff’s Steering Committee in multi-district litigation (MDL) 2642, In Re Fluoroquinolone Products Liability Litigation, by the Honorable John R. Tunheim to represent thousands of plaintiffs suffering from permanent and debilitating peripheral neuropathy. Additionally, he served a critical role in MDL 2741, In Re Roundup Products Liability Litigation, successfully arguing against the first motion to dismiss filed anywhere in the country setting the stage for continued litigation. Mr. Wool has extensive knowledge and experience in every step of the litigation process from drafting complaints, to organizing multi-district litigation and arguing dispositive motions in federal court.
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