Home Menu ↓
Clicking on our sponsor links helps insure continued free access to this website.
Please support our efforts by visiting our sponsors:

 

Warner-Lambert Co. v. Kent

Docket No.: 06-1498
Certiorari Granted: Sep 25 2007
Argued: February 25, 2008
Decided: March 3, 2008

PartyNames: WARNER-LAMBERT CO., LLC, ET AL., PETITIONERS v. KIMBERLY KENT ET AL.
Petitioner: Warner-Lambert Co., LLC, et al.
Respondent: Kimberly Kent, et al.

Court Below: United States Court of Appeals for the Second Circuit

Warner-Lambert Co., LLC, et al.
v.
Kimberly Kent, et al.
552 U.S. 440 (2008)
Question Presented:

1. Whether, under the conflict preemption principles in Buckman Co. v. Plaintiffs' Legal Comm., 531 U.S. 341 (2001), federal law preempts state law to the extent that it requires the fact-finder to determine whether the defendant committed fraud on a federal agency that impacted the agency's product approval, where the agency-- which is authorized by Congress to investigate and determine fraud--has not found any such fraud, and thus--as in Buckman--the state requirement would interfere with the agency's critical functions.2. Whether, under the conflict preemption principles in Buckman, federal law preempts the provision in a Michigan statute that allows a product liability claim to be maintained against a manufacturer of an FDA approved drug where, without an FDA finding of fraud on that agency, the fact-finder is required to make a finding under state law as to whether the manufacturer committed fraud-on-the-FDA and whether, in the absence of that fraud, the FDA would not have approved the drug.

Question:

Does a federal law prohibiting fraudulent communications to government agencies preempt a state law permitting plaintiffs to sue for faulty products that would not have reached the market absent the fraud?

Note:

CHIEF JUSTICE ROBERTS TOOK NO PART EXPEDITED BRIEFING SCHEDULE

Holding: affirmed by an equally divided
Decision: Decision: 4 votes for Kent, 4 vote(s) against
Vote: 8-0
Recused: Chief Justice Robert
Opinion By: Per Curiam
Read WARNER-LAMBERT CO. V. KENT opinion (PDF)
Database Connection failed: SQLSTATE[HY000] [1045] Access denied for user 'restauz8_sophi'@'localhost' (using password: YES)