March 19th, 2009
Posted by Faraci Lange
Best Lawyers, the country’s original and most well-respected lawyer-rating directory, will honor the extraordinary accomplishments of Angelo G. Faraci, founding partner of Faraci Lange, LLP, in Rochester, New York, during its 25th Anniversary Event in Atlanta, Georgia, in April 2009. The Event will be celebrating the distinguished careers of the lawyers who have been listed in the publication since it began rating lawyers in 1983. More…
March 18th, 2009
Posted by Matthew F. Belanger, Partner, Faraci Lange
On March 4, 2009, the Supreme Court decided a case that has profound implications regarding the rights of consumers to sue prescription drug manufacturers for failing to properly warn of dangers of prescription drugs. In Wyeth v. Levine, ___ U.S. ___, 2009 U.S. LEXIS 1774 (U.S. Mar. 4, 2009) the Supreme Court ruled 6-3 that FDA approval of a prescription drug warning label does not always pre-empt state tort suits regarding the adequacy of such warnings. The decision comes as somewhat of a surprise because just last year, in Riegel v. Medtronic, 552 U.S. ___ (2008), the Supreme Court ruled 8-1 that FDA pre-market approval of Class III medical devices pre-empts state law negligence claims that challenge the safety or effectiveness of FDA-approved devices. The difference in outcome between Wyeth and Riegel is explained by an understanding of the different ways that Congressional actions can pre-empt state law. More…
