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April 1, 2003

Michigan Supreme Court Upholds

Arnold & Porter Advisory

In a decision that may have significance for tort reform efforts in Congress and in other states, the Michigan Supreme Court on March 26, 2003 upheld the constitutionality of an "FDA defense" to pharmaceutical tort liability. See Taylor v. SmithKline Beecham Corp., et al., http://courts.michigan.gov/supremecourt/Clerk/Opinions-02-03/Taylor-120641-032603.pdf. The Court adopted the position advanced by Arnold & Porter, which represented Wyeth, the lead defendant in these consolidated appeals.