Conn. High Court Weighs in on Preemption, Product Liability Act Exclusivity Questions

HARTFORD, Conn. — The Connecticut Supreme Court has ruled that claims accusing Bausch & Lomb Inc. of failing to provide the Food and Drug Administration with adverse event reports concerning its cataract lens are not preempted by federal law because they implicate a parallel state requirement.

In answering questions certified by the 2nd Circuit U.S. Court of Appeals, the high court further ruled that the Connecticut Product Liability Act’s exclusivity provision bars claims under the Connecticut Unfair Trade Practices Act that are based upon allegations that a manufacturer marketed and promoted a product despite knowing that it presented a substantial …