Editor's Note :

Editor's Note :

We expect orders from the March 24 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday, March 28 and Wednesday, March 29.
On Monday the court hears oral argument in Advocate Health Care Network v. Stapleton. Ronald Mann has our preview.
On Monday the court also hears oral argument in TC Heartland LLC v. Kraft Foods Group Brands LLC. Ronald Mann has our preview.

PLIVA, Inc. v. Mensing

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
09-993 8th Cir. Mar 30, 2011
Tr.Aud.
Jun 23, 2011 5-4 Thomas OT 2010
 
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Holding: Federal drug regulations applicable to generic drug manufacturers directly conflict with, and thus preempt, state-law tort claims alleging a failure to provide adequate warning labels.

Plain English Summary:

Judgment: Reversed , 5-4, in an opinion by Justice Clarence Thomas on June 23, 2011. The Chief Justice and Justices Scalia and Alito joined the opinion in full, while Justice Kennedy joined as to all but Part III-B-2. Justice Sotomayor filed a dissenting opinion, which was joined by Justices Ginsburg, Breyer, and Kagan.

SCOTUSblog Coverage

CVSG Information

Invited: May 24, 2010

Filed: November 2, 2010 (Deny)

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