By Alan Klein and Matthew Decker ( November 13, 2018, 1:35 PM EST) -- On June 28, 2018, the Supreme Court of the United States accepted for review Merck Sharp & Dohme Corp. v. Albrecht, an appeal from the Third Circuit Court of Appeals' decision in In re Fosamax (Alendronate Sodium) Products Liability Litigation.[1] At the marrow of the high court's review lie the thorny questions of whether a state law failure-to-warn claim is preempted where the U.S. Food and Drug Administration has rejected a drug manufacturer's proposed label warning about the health risks at issue, and, in making this determination, whether a jury, as opposed to the trial court, may be asked to look beyond the FDA's rejection and decide if the FDA would have approved a differently worded warning had it been proposed by the manufacturer....