This evening, following its December 10 Conference, the Court granted certiorari in three new cases. Details on those cases are below. The full order list is here.

The following three cases were consolidated by the Court:

PLIVA, Inc. v. Mensing (Granted )

Docket: 09-993
Issue(s): Whether the Eighth Circuit abrogated the Hatch-Waxman Amendments by allowing state tort liability for failure to warn in direct contravention of the Act’s requirement that a generic drug’s labeling be the same as the labeling approved by the Food and Drug Administration for the listed (or branded) drug.

Certiorari stage documents:

CVSG Information:

Actavis Elizabeth, L.L.C. v. Mensing (Granted )

Docket: 09-1039
Issue(s): Whether the Eighth Circuit abrogated the Hatch-Waxman Amendments by allowing state tort liability for failure to warn in direct contravention of the Act’s requirement that a generic drug’s labeling be the same as the labeling approved by the Food and Drug Administration for the listed (or branded) drug.

Certiorari stage documents:

CVSG Information:

Actavis, Inc. v. Demahy (Granted )

Docket: 09-1501
Issue(s): Whether the states are preempted under the Supremacy Clause of the Constitution from requiring additional safety information on a generic product label when the brand has not changed its label.

Certiorari stage documents:

The following two cases were consolidated by the Court:

Talk America Inc. v. Michigan Bell Telephone Co. (Granted )

Docket: 10-313
Issue(s): Whether the a public service commission was barred from requiring incumbent local exchange carriers (“ILECs”) to offer their competitors telecommunications facilities at cost-based rates under § 251(c)(2) of the Telecommunications Act of 1996 as a result of a Federal Communications Commission rule eliminating ILECs' obligation to provide similar facilities under § 251(c)(3) when they are used by competitors for a different statutory purpose. (Kagan, J., recused).

Certiorari stage documents:

Isiogu v. Michigan Bell Telephone Co. (Granted )

Docket: 10-329
Issue(s): (1) Whether the Telecommunications Act of 1996 and the Federal Communications Commission's Triennial Review Remand Order permit incumbent local telephone companies to charge competing telephone companies competitive rates for entrance facilities used for interconnection; and (2) whether the lower court provided the appropriate level of deference to the FCC's interpretation of its regulations. (Kagan, J., recused).

Certiorari stage documents:

Additional information will be added for the following case as soon as it becomes available:

Tapia v. United States (Granted )

Docket: 10-5400
Issue(s): May a court give a defendant a longer prison sentence to promote the defendant's rehabilitation?

Certiorari stage documents:

Posted in Merits Cases

Recommended Citation: Anna Christensen, Details on this evening’s grants, SCOTUSblog (Dec. 10, 2010, 5:54 PM), http://www.scotusblog.com/2010/12/details-on-this-evenings-grants/