New Jersey Appellate Court Issues First Musings On Wyeth v. Levine

by Brian Wolfman

In a mammoth opinion on a number of topics, the New Jersey Appellate Division, beginning at page 109, provides its take on what is required to preempt under the Supreme Court's recent drug preemption ruling in  Wyeth v. Levine. As you will see, it's a tough standard, one that defendants are going to have a tough time meeting.