Search for: ""Wyeth v. Levine" OR "555 U.S. 555""
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2 Aug 2012, 10:17 am
Levine, 555 U.S. 555 (2009), holding that a state-law tort action against a brand-name drug manufacturer for failure-to-warn is not preempted. [read post]
16 Mar 2012, 5:00 am
Levine, 555 U.S. 555 (2009), have done. [read post]
24 Feb 2012, 2:56 am
Kent, 552 U.S. 440 (2008).Garcia v. [read post]
24 Aug 2015, 5:00 am
Levine, 555 U.S. 555 (2009), that the FDA would not have allowed a developmental delay warning at any time in 2003 that could conceivably have affected the pregnancy at issue in Rheinfrank:Preemption is warranted because there is clear evidence the FDA would not have approved a change to the Depakote label adding a developmental delay warning prior to [plaintiff’s] injury. [read post]
27 Mar 2014, 5:00 am
Levine, 555 U.S. 555 (2009). [read post]
25 Jan 2013, 12:47 pm
Levine, 555 U.S. 555 (2009), which is probably the worst prescription drug decision of all time (at least as to preemption):Levine didn’t adopt any “general no-preemption rule. [read post]
21 May 2015, 1:09 pm
Levine, 555 U.S. 555 (2009), a preemption case otherwise on all fours with the facts here. [read post]
12 Jan 2015, 12:59 pm
Medtronic, Inc., 552 U.S. 312 (2008), and Wyeth v. [read post]
24 Jun 2013, 12:50 pm
In Bartlett v. [read post]
12 Jun 2014, 10:46 am
Levine, 555 U.S. 555 (2009), in that Congress could have included some limitation provision in the 70+ years that both statutes have been on the books. [read post]
13 Aug 2015, 10:56 am
Levine, 555 U.S. 555 (2009), it appeared that to argue preemption successfully, a brand-name manufacturer must provide “clear evidence” that the FDA would have rejected the relevant label changes. [read post]
30 Apr 2015, 1:11 pm
555 U.S. at 571 (emphasis added). [read post]
23 May 2013, 5:00 am
Levine, 555 U.S. 555 (2009), preemption arguments are swimming upstream. [read post]
24 May 2012, 5:13 am
Levine, 555 U.S. 555, 565 (2009) (quoting [Medtronic, Inc. v. [read post]
31 Aug 2012, 2:43 pm
Levine, 555 U.S. 555 (2009), the case we most love to hate. [read post]
4 Sep 2014, 12:42 pm
Levine, 555 U.S. 555 (2009), an implied preemption drug case, in opposition to “different from or in addition to” express preemption under the Medical Device Amendments. [read post]
12 Sep 2013, 7:37 am
Levine, 555 U.S. 555 (2009), PLIVA v. [read post]
22 May 2014, 5:00 am
Levine, 555 U.S. 555, 578 n.11 (2009) (FDA “has limited resources,” which “are inadequate to permit the discharge of its existing responsibilities”), the FDA is not known to be free with exceptions to its Touhy regulation. [read post]
23 Jan 2014, 6:53 am
While the majority did cite Wyeth v. [read post]
5 Jan 2015, 1:26 pm
The supporting citations are only from Wyeth v. [read post]