Another Pretty Potent Painkiller Preemption Decision

Litigation attorney Eric Alexander authored a Drug & Device Law blog about the importance of dismissing preempted claims with prejudice in product liability cases. In his analysis of Brashear v. Pacira Pharms., Inc., Mr. Alexander asserts that plaintiffs should not be allowed to repeatedly re-plead around preemption once courts have defined the preempted path and argues that the first time a court dismisses claims as preempted, the dismissal should typically be with prejudice unless the plaintiff promptly amends the complaint as a matter of right.

READ: Another Pretty Potent Painkiller Preemption Decision