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March 19, 2009

Opinion: Tom McGarity on the Supreme Court’s Wyeth v. Levine ruling

UT Law Professor Tom McGarity, a regulatory law expert, recently wrote about the U.S. Supreme Court’s ruling in the Wyeth v. Levine pre-emption case in the opinion pages of the Austin American-Statesman, the Dallas Morning News, and the Houston Chronicle.

In Wyeth v. Levine, the Court ruled that Federal law does not pre-empt Levine’s claim that drug company Wyeth’s label for the drug Phenergan did not contain an adequate warning about potential health risks. In his op-ed, McGarity praised the decision, writing: “The holding is a rare win for consumers in the broader ‘preemption war’ that has been raging in Congress and the courts over whether federal regulatory agencies should trump local juries.”

In addition, McGarity shared his insights about the political and philosophical underpinnings of the Wyeth case during an interview, “A Strike Against Preemption,” that aired Friday, March 5, 2009 on KUT, 90.5, Austin’s public radio station.

McGarity’s latest book, The Pre-emption War: When Federal Bureaucracies Trump Local Juries, (Yale University Press 2008), is also featured in a Texas Observer review by Austin attorney and author Dave Richards. The review, “You Have the Right to Sue. Right?,” can be found in the March 6, 2009 edition of the Texas Observer.

McGarity also discusses his book in a Q and A interview, “Law Professor Investigates the Preemption War,” which was posted on the University of Texas book blog, “ShelfLife@Texas,” November 25, 2008.

Related links:

Thomas O. McGarity

Wyeth v. Levine is a rare win for consumers,” Austin American-Statesman, March 9, 2009

“A rare win for consumers,” Dallas Morning News, March 9, 2009

“A Strike Against Preemption,” KUT, 90.5, March 5, 2009

“You Have the Right to Sue. Right?,” Texas Observer, March 6, 2009

“Law Professor Investigates the Preemption War,” University of Texas book blog ShelfLife@Texas, November 25, 2008

WYETH v. LEVINE (No. 06-1249), Legal information Institute at Cornell University Law School


Kirston Fortune, Assistant Dean for Communications, (512) 471.7330 or