The federal preemption of state tort law is an issue in several cases on the Supreme Court’s docket, including February 25 oral arguments in Warner-Lambert v. Kent. The Supreme Court also recently agreed to hear early next term appeals in the cases of Wyeth v. Levine, in which the federal...

On August 19, 2005, a jury in Angleton, Texas, found Vioxx producer Merck liable for the death of fifty-nine-year-old Robert Ernst. The Brazoria county jury assessed a staggering $253 million ($24 million compensatory, $229 million punitive) in damages against Merck, although Texas law will cap the punitive damages at less...

We should be cautiously optimistic about future developments as important cases about federal preemption and the scope of securities laws come before the SupremeCourt in 2007.

The civil justice system is structured to create incentives for individuals and state governments to interfere with national policy goals.

The Supreme Court's decision in Wyeth v. Levine could lead the FDA to require excessive warnings on medications and impose "contraindications" that would constrain medical practice.

Aside from the tremendous cost to taxpayers, civil Gideon will be counterproductive in its supposed goals of helping the poor and making the legal system more accessible.

The Roberts Court's business cases suggest that it is finally stepping away from the culture wars and returning to the nuts and bolts of law.

How has the national debate over medical-malpractice and medical liability reform been affected by a set of faulty studies?