The petition of the day is:

13-956

Issue: Whether the California Court of Appeal erred when it deepened an acknowledged circuit split and held—contrary to this Court’s decisions in Buckman Co. v. Plaintiffs’ Legal Committee and PLIVA, Inc. v. Mensing; the decisions of the Fifth and Eleventh Circuits in Morris v. PLIVA, Inc. and Guarino 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.

 

Posted in Teva Pharmaceuticals USA v. Superior Court of California, Orange County, Cases in the Pipeline

Recommended Citation: Maureen Johnston, Petition of the day, SCOTUSblog (Jun. 27, 2014, 10:15 PM), https://www.scotusblog.com/2014/06/petition-of-the-day-634/