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Off-label, Failure-to-Warn Preemption Cases May Head to Supreme Court

This article was originally published in The Gray Sheet

Executive Summary

While federal preemption of state suits for PMA-approved has been strongly validated by the Supreme Court, two types of plaintiffs' claims in particular offer the potential for the PMA preemption device to be considered once again by the high court, according to Mayer Brown partner Andrew Tauber.

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