Thursday, March 31, 2011

Yesterday's SCOTUS Oral Argument in PLIVA, Inc. v. Mensing: Federal Preemption & Generic Drugs

The Supreme Court heard argument yesterday in three consolidated cases that raise the question of federal preemption of state-law tort liability in claims involving generic drugs. The oral argument transcript is available here.

The cases are PLIVA, Inc. v. Mensing (09-993), Actavis Elizabeth, L.L.C. v. Mensing (09-1039), and Actavis, Inc. v. Demahy (09-1501). (Links are to SCOTUSblog’s case files for each case, where you can find the docket, lower court opinions, and all the briefs.)

An amicus brief filed in the case by administrative law and civil procedure scholars is available here.


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