Everyone is anxiously waiting for a key preemption decision from the Unites States Supreme Court (Wyeth v. Levine, No. 06-1249). The last record activity was on December 9, 2008 (trial transcripts received) and, before that, the oral argument. Today, however, a letter was filed by Wyeth, stating that they are being purchased by Pfizer. I understand that Chief Justice Roberts has typically recused himself from Pfizer cases. If that happens, it could radically alter the delicate balance on the court for this decision. We may be looking at a 4 to 4 split. Stay tuned.
Richard J. Arsenault, 2011
