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: Civil Procedure Prof BlogSCOTUS Decision in PLIVA v. Mensing: Federal Preemption & Generic Drugs
Full post as published by Civil Procedure Prof Blog on June 23, 2011 (boomark / email).
The Nationalistic Fruits of Legal Formalism: How Caleb Nelson has single-handedly destroyed the presumption against preemption
To the dismay of all friends of federalism, the Court ruled for the petitioners today in PLIVA, Inc. v. Mensing, a decision expanding the concept of "impossibility" preemption based on the sort of formalism that only Justice Thomas could love...
Argument analysis: PLIVA, Inc. v. Mensing
On Wednesday, the Court heard oral argument in PLIVA v. Mensing.
New invitation brief
The Acting Solicitor General recommends that the Court deny certiorari in PLIVA, Inc. v. Mensing and Actavis Elizabeth, LLC v. Mensing.
Supreme Court holds federal law preempts in generic drug cases
[JURIST] The US Supreme Court [official website] on Thursday voted 5-4 to reverse [opinion, PDF] the lower court in PLIVA, Inc. v. Mensing [Cornell LII backgrounder; JURIST report], holding that since generic drugs and their warnings are managed by the Food and Drug Administration (FDA) [official website], their federal regulations on warning labels preempt state law on warning labels...
Supreme Court to hear 3 cases involving labeling of generic medicines
[JURIST] The US Supreme Court [official website; JURIST news archive] on Friday granted certiorari [order, PDF] in three cases related to the duty of generic drug manufacturers to list possible side effects on the labels of medicines they produce...
Preemption Victory Against Generic Drug Manufacturers!
Congratulations on the valiant efforts of the legal team of The Public Justice Foundation and the Center for Constitutional Litigation (CCL) for winning a huge victory against generic drug manufacturers in the Mensing v...
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