Clear Evidence Clarified (Open Access)

Clear Evidence Clarified Eric Lindenfeld ABSTRACT In 2009, the Supreme Court introduced the “clear evidence” standard for the defense of federal preemption in the pharmaceutical products liability context. For the next ten years, the contours of the standard were inconsistently applied by courts. The Supreme Court’s 2019 decision in Merck Sharp & Dohme Corp. [...]

Clear Evidence Clarified (Open Access)2021-07-22T15:01:00-04:00
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