Professor Ben Zipursky (Fordham) just published a guest post over at Torts Prof Blog ruminating about why the Supreme Court found preemption in the context of medical devices that had undergone premarket approval in Riegel v. Medtronic, but did not find preemption in the context of prescription drugs on the facts of Wyeth v. Levine. That’s an interesting post, and we commend it to you.

We have a couple of reactions to the post, one (more…)