Cert granted in Fosamax case

The Supreme Court today granted certiorari in Merck Sharp & Dohme v. Albrecht, the Third Circuit case decided as In re: Fosamax. The question presented, per Scotusblog:

Whether a state-law failure-to-warn claim is pre-empted when the Food and Drug Administration rejected the drug manufacturer’s proposal to warn about the risk after being provided with the relevant scientific data, or whether such a case must go to a jury for conjecture as to why the FDA rejected the proposed warning.

The cert grant was not unexpected after, at the Court’s invitation, the Solicitor General filed an amicus curiae brief urging the Court to grant review. Justice Alito is recused from the case.

My earlier coverage of the appeal is here and here.