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Legal News
24 Jun 2013
by Endia Vereen

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] 5-4 Monday in Mutual Pharmaceutical Company, Inc. v. Bartlett [SCOTUSblog backgrounder] that generic drug design defect claims [Cornell LII backgrounder] that turn on the adequacy of a drug's warnings are preempted by federal law under PLIVA, Inc. v. Mensing [Cornell … [read more]


Student Commentary
11 Apr 2013

JURIST Guest Columnist, Daniel Perrone, St. John's University School of Law Class of 2013, discusses the implications of the US Supreme Court decision insulating generic drug manufacturers from liability against failure to warn claims...In 2011, generic drugs accounted [PDF] for nearly 80 percent of the 3.7 billion prescriptions filled in … [read more]


Legal News
20 Mar 2013
by Julia Zebley

[JURIST] The US Supreme Court [official website] heard arguments in Mutual Pharmaceutical Company, Inc. v. Bartlett [transcript, PDF; JURIST report] Tuesday to consider whether design defect claims [Cornell LII backgrounder] can be brought when a generic drug does not present all the warnings the brand-name version of the drug does, … [read more]


Legal News
1 Dec 2012
by Jaimie Cremeans

[JURIST] US Supreme Court [official website] on Friday granted certiorari [order list, PDF] in Association for Molecular Pathology v. Myriad Genetics, Inc. [cert. petition PDF; JURIST report], which deals with the issue of whether human genes are patentable. Myriad Genetics [corporate website] patented two genes, BRCA1 and BRCA2 [NCI backgrounder], … [read more]


Legal News
23 Jun 2011
by Julia Zebley

[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 … [read more]


Legal News
30 Mar 2011
by Brian Jackson

[JURIST] The US Supreme Court [official website, JURIST news archive] heard oral arguments [day call, PDF; merit briefs] Wednesday in the consolidated cases of Isiogu v. Michigan Bell Telephone Co. and Talk America Inc. v. Michigan Bell Telephone Co. [oral argument transcript, PDF] on whether, pursuant to the Telecommunications Act … [read more]


Legal News
11 Dec 2010
by Brian Jackson

[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. The three cases, PLIVA Inc. v. Mensing [docket; cert. petition, PDF], … [read more]

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