Wyeth v. Levine

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
06-1249	Supreme Court of Vermont	Nov 3, 2008 Tr.	Mar 4, 2009	6-3	Stevens	OT 2008

Issue: Whether federal law preempts state torts claims imposing liability on drug labeling that the FDA had previously approved.

Judgment: Affirmed, 6-3, in an opinion by Justice John Paul Stevens on March 4, 2009.

SCOTUSblog Coverage

Court allows drug label lawsuit (Lyle Denniston)
SCOTUSwiki Preview: Wyeth v. Levine (Eliza Presson)
Court to hear case on "light" cigarette ads (Lyle Denniston)

Briefs and Documents

Merit briefs

Amicus briefs

Brief for the Generic Pharmaceutical Association in Support of Petitioner
Brief for the United States Chamber of Commerce in Support of Petitioner
Brief for PhRMA and BIO in Support of Petitioner
Brief for DRI- The Voice of the Defense Bar in Support of Petitioner
Brief for the Washington Legal Foundation and the American College of Emergency Physicians in Support of Petitioner
Brief for John E. Calfee, Ernst R. Berndt, Robert Hahn, Tomas Philpson, Paul H. Rubin, and W. Kip Viscusi in Support of Petitioner
Brief for the Product Liability Advisory Council, Inc., in Support of Petitioner
Brief for the United States of America in Support of Petitioner
Brief for Former FDA Commissioners Dr. Donald Kennedy and Dr. David A. Kessler in Support of Respondent
Brief for the National Conference of State Legislatures in Support of Respondent
Brief for Members of Congress in Support of Respondent
Brief for the Texas Medical Association, the Texas Medical Liability Trust, and the North Carolina Medical Society in Support of Respondent
Brief for Torts Professors Mark P. Gergen and Michael D. Green in Support of Respondent
Brief for the New England Journal of Medicine Editors and Authors in Support of Respondent
Brief for Vermont, Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, West Virginia, Virginia, Washington, Wisconsin, and Wyoming in Support of Respondent
Brief for the Senior Citizens League in Support of Respondent(revised)
Brief for the California Medical Association in Support of Respondent
Brief for AARP, the National Women’s Health Network, and Prescription Access Litigation in Support of Respondent
Brief for the American Association for Justice in Support of Respondent
Brief for Center for State Enforcement of Antitrust and Consumer Protection Laws, Inc., in Support of Respondent
Brief for the Consumers Union of the United States in Support of Respondent
Brief for Constitutional Accountability Center in Support of Respondent
Brief for Kim Witczak, Sara Bostock, and Healthy Skepticism in Support of Respondent
Brief for the Constitutional and Administrative Law Scholars in Support of Respondent
Brief for the DES Action in Support of Respondent
Brief for David B. Ross, M.D., Ph.D., and Stefan P. Kruszewski, M.D., in Support of Respondent
Brief for Daniel Paul Carpenter, Aaron S. Kesselheim, Jerry Avorn, Marc T. Law, and Daniel Polsky in Support of Respondent
Brief for Anju Budhwani, M.D.; Curt D. Furberg, M.D., Ph.D.; Authur Aaron Levin, M.P.H.; Rahul Sharma, M.D., M.B.A.; Canton Electrical Welfare Fund of the IBEW, Local 540; Health & Welfare Fund of the DEA, NYPD; Retiree Health & Welfare Fund of the DEA, NYPD; and the Ohio Carpenters Health Fund in Support of Respondent
Brief for the Citizens Commission on Human Rights in Support of Respondent
Brief for the National Coalition Against Censorship in Support of Respondent

Certiorari-stage documents

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The Supreme Court released additional orders from the January 11 conference on Monday; the justices called for the views of the U.S. solicitor general in CSX Transportation Inc. v. Alabama Department of Revenue, Alabama Department of Revenue v. CSX Transportation Inc. and Toshiba Corp. v. Automotive Industries Pension Trust Fund.
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Editor's Note :

Wyeth v. Levine

SCOTUSblog Coverage

Briefs and Documents

Certiorari-stage documents

Featured Posts

Challengers urge justices to dismiss census case after district court ruling (Updated) – Amy Howe

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

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