Much has been written on preemption in drug and device cases, especially with a decision in Levine v. Wyeth expected in the coming months.  Clearly, the landscape may change more dramatically than it has with Riegel v. Medtronic, Buckman v. Plaintiff’s Legal Committee, or other drug or device preemption cases. Indeed, some trial courts are even staying proceedings until Levine is decided. Until a decision in Levine, and even after a decision that does something less than absolute in either direction, preemption still will be an issue in actively litigated drug and device cases.

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