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American Health Lawyers Association's Health Lawyers Weekly

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INTRODUCTION:

A trilogy is a set of three "works of art" usually connected by theme and often connected by the same characters or settings. In ancient times, these works were often great literature or Greek dramas. In today's world, these works also include Hollywood blockbusters and video games. What is the benefit or appeal of a trilogy? It can be seen as both a single work and as three separate works and is therefore often used to develop and convey complex ideas over multiple volumes. Perhaps it is fitting then—if not altogether intentional—the law of federal preemption, both express and implied, is being refined by the U.S. Supreme Court this year in a trilogy of drug and medical device cases. Having granted certiorari in three cases, the results thus far have been mixed, with the third decision yet to come.

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