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J&J Petitions Supreme Court On Pre-emption, ‘Clear Evidence’ In OTC Litigation

This article was originally published in The Tan Sheet

Executive Summary

Johnson & Johnson files a writ of certiorari asking the Supreme Court to review a $140m judgment against the firm in Massachusetts. Questions over “clear evidence” needed for FDA decision to pre-empt state courts are at heart of issue and need the court’s consideration.

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