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ARTICLE · 29 JUNE 2011

Supreme Court Decision Alert - June 23, 2011

Mayer Brown
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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 drug manufacturers.

United StatesLitigation, Mediation & Arbitration
Andrew Tauber
Andrew Tauber
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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).

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