Tag Archives: Supreme Court
Supreme Court Ruling Makes Generics More Dangerous
Today’s Supreme Court ruling on Pliva v. Mensing, which held that generic drug companies are not responsible for updating drug labels in light of new safety concerns, makes taking generic drugs a riskier proposition for consumers, Justice Sonia Sotomayor wrote in her dissenting opinion. Justices Stephen Breyer, Elena Kagan and Ruth Bader Ginsburg also dissented [...]
Preemption Watch: You've Been Warned
The Supreme Court on Wednesday issued its decision in the much-watched case of Wyeth v. Levine—which many in pharma hoped would firmly establish FDA decisions as a bulwark against common-law liability suits in state courts. The decision, as you’ve no doubt heard already, went against Wyeth. Pharm Exec’s coverage is here. The opinion is here. [...]
Wyeth v. Levine: Inside the Preemption Case
Last week, the Supreme Court heard arguments in the long-awaited preemption case, Wyeth v. Levine.
For the first time, the highest court in the land is weighing in on whether federal approval of a drug preempts tort claims against a drugmaker, such as an injured consumer might bring in a state court. A decision for [...]
Posted in Legal, Regulatory Also tagged Congress, FDA, liability, Preemption, Waxman, Wyeth Leave a comment

Supreme Court Strikes down Vermont Law, Upholds Rep Free Speech