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Thursday

Federal preemption is a key defense in drug and medical device product liability cases, and the FDA’s regulatory framework is the ever-present background factor for our clients and for litigation involving their products. This webinar will provide a brief introduction to federal preemption, aimed at newer lawyers, before shifting to a robust discussion of strategically raising preemption defenses, and will conclude with a forecast of where federal preemption is headed, particularly given the impending changes to the FDA’s 510(k) clearance program.

Objectives:

  • The basics of federal preemption in drug and medical device cases
  • How to strategically raise the defense in a variety of forums, stages of litigation, and fact patterns
  • What’s new on the horizon for federal preemption in drug and medical device litigation, including how changes to the FDA’s 510(k) clearance program could affect the preemption defense.