Search for: ""Wyeth v. Levine" OR "555 U.S. 555"" Results 1 - 20 of 74
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14 Sep 2011, 3:32 pm by Brian Wolfman
Levine, 555 U.S. 555 (2008), the Supreme Court held that the same kind of suit against manufacturers of brand-name prescription drugs is not preempted by federal law. [read post]
2 Sep 2011, 1:44 pm by Bexis
Levine, 555 U.S. 555 (2009), was decided more than two years ago, now. [read post]
11 Mar 2013, 1:17 pm by Bexis
Levine, 555 U.S. 555 (2009).That preemption battlefield is what initially prompted us to found this blog.Levine established a "clear evidence" standard for branded drug preemption, that is, "clear evidence" that the FDA would have rejected the warning proposed by the plaintiff. [read post]
8 Jun 2011, 12:43 pm by Bexis
Levine, 555 U.S. 555 (2009), somehow superseded Buckman, although the Court in Buckman took great pains (we'd say too great pains) to distinguish fraud on the FDA allegations. [read post]
2 Oct 2014, 9:18 am
Levine, 555 U.S. 555 (2009), that if Congress wants express preemption it can say so, therefore to heck with implied preemption. [read post]
11 Apr 2016, 1:41 pm
Levine, 555 U.S. 555 (2009).So, is there a statutory sameness requirement for biosimilars that the FDA is conveniently forgetting about? [read post]
3 Feb 2014, 5:00 am
Levine, 555 U.S. 555 (2009), and weaponized by our side in PLIVA v. [read post]
15 Aug 2014, 12:54 pm
Levine, 555 U.S. 555, 570-71 (2009), about innovator manufacturer’s “responsibility” for their labels, ends up stating that “the FDA has the responsibility of weighing (in terms of extremes) the potential benefit of lifesaving medication against potential severe side effects. [read post]
25 Jul 2013, 5:00 am by Bexis
Levine, 555 U.S. 555 (2009)) or not (as in Bartlett and Mensing) the defendant drug manufacturer can change its label without prior FDA approval. [read post]