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DESIANO v. WARNER-LAMBERT & CO.

Docket Nos. 05-1705-cv(L), 05-1743-cv(CON), 05-1745-cv(CON).

467 F.3d 85 (2006)

Caesar DESIANO et al., Plaintiffs-Appellants, v. WARNER-LAMBERT & CO., et al, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: October 5, 2006.

Attorney(s) appearing for the Case

David B. Rodes, Goldberg, Persky & White, P.C., Pittsburg, PA (Vincent J. Carter, Girardi Keese, Los Angeles, CA; David R. Parker, Charfoos & Christensen, PC, Detroit, MI; Jerome D. Goldberg, Varjabedian Attorneys, Southfield, MI, on the brief), for Plaintiffs-Appellants.

David Klingsberg, Kaye Scholer LLP (Wendy S. Dowse, on the brief), New York, NY, for Defendants-Respondents.

Before: FEINBERG, CALABRESI, and B.D. PARKER, Circuit Judges.

CALABRESI, Circuit Judge:

It has long fallen within the province of states to safeguard the health and safety of their citizens. See Medtronic v. Lohr, 518 U.S. 470, 475, 116 S.Ct. 2240, 135 L.Ed.2d 700 (1996). Consonant with the "historic primacy of state regulation" of these matters, see Medtronic, 518 U.S. at 485, 116 S.Ct. 2240, the power of states to govern in this field is considerable and undisputed. See Metropolitan...

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