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7 Feb 2008, 10:46 am
There's no reason to think that history won't repeat itself - and we owe it to our clients to be prepared for the consequences of winning.Given the unanimous language in Lohr about tort claims that "parallel" FDA requirements not being preempted, when plaintiffs are pressed on preemption, they start adding allegations that the defendant violated the Food, Drug & Cosmetic Act ("FDCA"). [read post]