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Sorrell v. IMS Health Inc.

Docket No. Op. Below Argument Opinion Vote Author Term
10-779 2d Cir. Apr 26, 2011 Jun 23, 2011 6-3 Kennedy OT 2010

Disclosure: Goldstein, Howe and Russell P.C. represents the respondents IMS Health, SDI, and Verispan, in this case.

Holding: Vermont's Prescription Confidentiality Law, which absent the prescriber's consent prohibits the sale of prescriber-identifying information, as well as the disclosure or use of that information for marketing purposes, is subject to heightened judicial scrutiny because it imposes content- and speaker-based burdens on protected expression. Vermont's justifications for the prohibition cannot withstand such heightened scrutiny.

Judgment: Affirmed, 6-3, in an opinion by Justice Anthony Kennedy on June 23, 2011. Justice Breyer filed a dissenting opinion, which was joined by Justices Ginsburg and Kagan.

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