Editor's Note :

On Tuesday, May 28, at 9:30 a.m. we expect orders from the May 23 Conference. We expect opinions in argued cases at 10 a.m. We will begin live blogging shortly before 9:30.

Anna Christensen Former Manager

Posted Wed, November 3rd, 2010 9:55 am

New invitation brief

Yesterday the Acting Solicitor General filed an invitation brief in PLIVA, Inc. v. Mensing (09-993) and Actavis Elizabeth, LLC v. Mensing (09-1039), recommending that the Court deny certiorari in both cases. At issue in the two related cases is whether the Eighth Circuit abrogated the Hatch-Waxman Amendments by allowing state tort liability for failure to warn in direct contravention of the Act's requirement that a generic drug's labeling be the same as the labeling approved by the Food and Drug Administration for the listed (or branded) drug. The Acting Solicitor General’s brief is available here.

Posted in Actavis Elizabeth, L.L.C. v. Mensing, PLIVA v. Mensing, Cases in the Pipeline

Recommended Citation: Anna Christensen, New invitation brief, SCOTUSblog (Nov. 3, 2010, 9:55 AM), http://www.scotusblog.com/2010/11/new-invitation-brief-2/