Opinions – 2/13/14: 4th U.S. Circuit Court of Appeals

Constitutional Law Preemption BOTTOM LINE: Consumer’s negligence claims for injuries sustained as result of use of dangerous drug manufactured by defendant pharmaceutical company were preempted by impossibility under Federal Food, Drug, and Cosmetics Act because, if there was a general duty to protect consumers from injury based on the negligent marketing and sale of a product, a ...

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