On April 11, 2025, WLF filed a brief with the Supreme Court urging it to grant certiorari to clarify, for a second time in the same case, when federal law preempts a plaintiff’s state-law failure-to-warn claim. In its amicus brief urging review, WLF argues that the Third Circuit’s approach strays from Albrecht I’s clear path and the Supremacy Clause’s mandate. It mires Merck in escalating fees and costs, denies the plaintiffs much-needed closure, and burdens the courts with more than a decade of MDL proceedings. WLF further shows why the Third Circuit’s so-called presumption against preemption has no support in the Constitution’s text or history. And WLF cautions that allowing the Third Circuit’s decision to stand would chill the innovation of lifesaving and therapeutic drugs.
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