Supreme Court Decision Alert - June 23, 2011
Mondaq Business Briefing › United States Law Articles in English (2011)
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Supreme Court Decision Alert - June 23, 2011
Originally published June 23, 2011
Keywords: generic drugs, failure-to-warn claims, first amendment, commercial speech, prescription data, federal employers' liability act, prescriber-data statute Today the Supreme Court issued four decisions, described below, of interest to the business community. Generic Drugs—Food, Drug, and Cosmetic Act—Preemption of Failure-To-Warn Claims First Amendment—Commercial Speech—Use of Prescription Data Bankruptcy—Bankruptcy Court Jurisdiction Federal Employers' Liability Act—Proximate Causation Generic Drugs—Food, Drug, and Cosmetic Act—Preemption of Failure-To-Warn Claims PLIVA, Inc. v. Mensing, No. 09-993 (previously discussed in the December 13, 2010 docket report). In a trilogy of closely watched cases, PLIVA, Inc. v. Mensing, No. 09-993, Activas Elizabeth, LLC v. Mensing, No. 09-1039, and Activas, Inc. v. Demahy, No. 09-1501, the Supreme Court held today that the federal statutes and regulations governing the labeling of generic drugs preempt state-law failure-to-warn claims against generic d...See the full content of this document
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