U.S. Court of Appeals for the Seventh Circuit

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Case Updates


February 23, 2010

The court reversed the judgment of the district court, which had held that the plaintiffs' claims were preempted. The case was remanded for further proceedings.

U.S. Chamber files amicus brief on effect of FDA’s decision to reject warnings on conflict preemption defense

June 02, 2009

NCLC urged the Seventh Circuit to hold that the FDA’s rejection of additional warnings for SSRI drugs affords the defendant a conflict preemption defense in this failure to warn case. In its brief, NCLC argued that state failure-to-warn lawsuits could result in ‘overwarning,’ where multiple warnings make it difficult for prescribers to make appropriate judgments about the benefits and risks of drug use.

Case Documents