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United States Supreme Court

Merck Sharp and Dohme Corp. v. Albrecht, 17–290

Clarified when federal law will preempt a state law claim that a drug manufacturer failed to warn consumers of a drug's risks. Held that this preemption question is one for a judge to decide, not a jury. Also spelled out the "clear evidence" standard that applies in this context. Justice Breyer, joined by five justices, delivered the U.S. Supreme Court's majority opinion in this product liability lawsuit against a drugmaker.

Appellate Information

  • Decided
  • Published 2019/05/20


  • Breyer


  • United States Supreme Court


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