Jeff Greenspan, a member in the firm's Commercial Litigation Department, authored a recent case discussion titled "Impossibility Preemption Mandates Reversal of $3 Million Verdict Against Pharmaceutical Company," for the ABA Trial Practice Committee website. Jeff is the subcommittee chair of News and Development and web editor for the Trial Practice Committee for the Section of Litigation of the ABA. In the case, the Seventh Circuit found that federal law preempted the plaintiff’s state law claims and reversed a district court decision regarding a drug company's negligent omission from a doctor-prescribed drug that caused the death of the plaintiff’s husband. Based on the “impossibility preemption,” the appellate court ruled that when there is a conflict between state and federal law such that it is impossible to obey both, federal law controls and the state-law tort claims must be dismissed. Jeff's article details the decision.
To read the full article, click here