Wyeth v. Levine
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 06-1249 | Supreme Court of Vermont |
Nov 3, 2008 |
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, March 4, 2009)
- SCOTUSwiki Preview: Wyeth v. Levine (Eliza Presson, November 3, 2008)
- Court to hear case on "light" cigarette ads (Lyle Denniston, January 18, 2008)
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
- Opinion below (Supreme Court of Vermont)
- Petition for certiorari
- Brief in opposition
- Brief of the Pharmaceutical Research and Manufacturers of America in support of Petitioner
- Brief of the Product Liability Advisory Council in support of Petitioner
- Petitioner's reply
- Invitation Brief of the United States recommending hold
