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Is Everything Preempted? Thankfully, No

The U.S. Supreme Court yesterday shot down a petition by a Johnson & Johnson to hear a case in which J&J sought a ruling that preemption should be extended to failure to warn claims involving over-the-counter drugs.

Drug and medical device defendants continue to think preemption is some magic elixir around their negligence.

Hey, you Republicans out there. Does it bother you that state tort rights are being tossed in the ground by the overly intrusive federal government? If you answered yes, you are a real Republican. I have a Barry Goldwater sticker for you. The rest of you are just Republicans when it is convenient for you.

Anyway, this ruling means J&J has to pay a $1,157,774 judgment in an Infant Tylenol case in Louisiana.

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