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Home » SCOTUS’ Mensing Dissenters Suggest Preemption May Not Apply in Mutual
SCOTUS’ Mensing Dissenters Suggest Preemption May Not Apply in Mutual
March 20, 2013
During oral argument in the closely watched Mutual v. Bartlett case Tuesday, some Supreme Court justices entertained the possibility that Mutual could have complied with both state and federal law and avoided New Hampshire’s strict liability claims for “dangerous” FDA-approved drugs.