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Petition of the day

By

Thepetition of the dayis:

13-956

Issue:Whether the California Court of Appeal erred when it deepened an acknowledged circuit split and heldcontrary to this Court’s decisions inBuckman Co. v. Plaintiffs Legal CommitteeandPLIVA, Inc. v. Mensing; the decisions of the Fifth and Eleventh Circuits inMorris v. PLIVA, Inc.andGuarino v. Wyeth, LLC; and the plain language of the federal Food, Drug, and Cosmetic Act (FDCA)that federal law does not preempt state tort claims predicated on allegations that a generic drug manufacturer violated the FDCA by failing to immediately implement or otherwise disseminate notice of labeling changes that the United States Food and Drug Administration had approved for use on a generic drug product’s brand-name equivalent.

 

Cases: Teva Pharmaceuticals USA, Inc. v. Superior Court of California, Orange County

Recommended Citation: Maureen Johnston, Petition of the day, SCOTUSblog (Jun. 28, 2014, 12:00 AM), https://www.scotusblog.com/2014/06/petition-of-the-day-634/