Add to ORKGThe authors state that the U.S. Supreme Court’s preemption ruling in Mutual Pharmaceutical Co. v. Bartlett, which generally shields generic drug manufacturers from state-law damages liability for design-defect claims, may also have broader implications for preemption jurisprudence. In this article they describe the Supreme Court’s decision in Mutual and evaluate how it may affect future products-liability litigation. Part I provides an overview of the case’s factual background and of federal generic drug regulation, while Part II discusses the Court’s majority opinion and the dissents. Part III analyzes the implications of the decision, offering ideas on how plaintiffs injured by defective or mislabeled generic prescription drugs may seek c...
The U.S. Supreme Court’s 2014 decision in Limelight Networks v. Akamai Technologies decision (Akamai...
Perhaps the most dramatic indication that the courts have shifted attitudes on health and safety mat...
This Article analyzes recent developments in antitrust law, focusing on agreements between pharmaceu...
The authors state that the U.S. Supreme Court’s preemption ruling in Mutual Pharmaceutical Co. v. Ba...
The U.S. Supreme Court’s important ruling in Mutual Pharmaceutical Co., Inc. v. Bartlett concerns wh...
This Note addresses the question of whether federal law preempts state design defect claims against ...
A mere five years ago, the Food and Drug Administration (the FDA ) began, for the first time in its...
The U.S. Supreme Court ruling in PLIVA Inc. v. Mensing will immunize generic drug manufacturers faci...
Most people think of preemption as a technical constitutional doctrine, but it is pivotally importan...
On March 4, 2009, the United States Supreme Court decided Wyeth v. Levine. In that case, the Court c...
This essay explores the role of litigation in drug safety regulation and the role of drug safety reg...
The U.S. Supreme Court’s decision in Wyeth v. Levine sharply limited the availability of implied pre...
The United States Supreme Court held in PLIVA v. Mensing that federal preemption immunizes generic d...
Patient safety depends on tort litigation to identify a brand-name drug’s undisclosed risks, illumin...
On May 2, 2012, the U.S. Court of Appeals for the First Circuit held in Bartlett v. Mutual Pharmaceu...
The U.S. Supreme Court’s 2014 decision in Limelight Networks v. Akamai Technologies decision (Akamai...
Perhaps the most dramatic indication that the courts have shifted attitudes on health and safety mat...
This Article analyzes recent developments in antitrust law, focusing on agreements between pharmaceu...
The authors state that the U.S. Supreme Court’s preemption ruling in Mutual Pharmaceutical Co. v. Ba...
The U.S. Supreme Court’s important ruling in Mutual Pharmaceutical Co., Inc. v. Bartlett concerns wh...
This Note addresses the question of whether federal law preempts state design defect claims against ...
A mere five years ago, the Food and Drug Administration (the FDA ) began, for the first time in its...
The U.S. Supreme Court ruling in PLIVA Inc. v. Mensing will immunize generic drug manufacturers faci...
Most people think of preemption as a technical constitutional doctrine, but it is pivotally importan...
On March 4, 2009, the United States Supreme Court decided Wyeth v. Levine. In that case, the Court c...
This essay explores the role of litigation in drug safety regulation and the role of drug safety reg...
The U.S. Supreme Court’s decision in Wyeth v. Levine sharply limited the availability of implied pre...
The United States Supreme Court held in PLIVA v. Mensing that federal preemption immunizes generic d...
Patient safety depends on tort litigation to identify a brand-name drug’s undisclosed risks, illumin...
On May 2, 2012, the U.S. Court of Appeals for the First Circuit held in Bartlett v. Mutual Pharmaceu...
The U.S. Supreme Court’s 2014 decision in Limelight Networks v. Akamai Technologies decision (Akamai...
Perhaps the most dramatic indication that the courts have shifted attitudes on health and safety mat...
This Article analyzes recent developments in antitrust law, focusing on agreements between pharmaceu...