Saturday, June 28, 2014

Supreme Court petition to watch out for

Here is a case to watch out for.  Yesterday, the SCOTUS blog picked the following product liability petition as its "petition of the day":

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

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.

For more information, including links to the lower court opinion, the petition, the briefs and other important documents go here.

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