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.
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.