Editor's Note :

Editor's Note :

We expect orders from the February 24 conference on Monday at 9:30 a.m. There is a possibility of opinions on Wednesday, March 1.

Mutual Pharmaceutical Co. v. Bartlett

Docket No. Op. Below Argument Opinion Vote Author Term
12-142 1st Cir. Mar 19, 2013
Tr.Aud.
Jun 24, 2013 5-4 Alito OT 2012
 
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Holding: State-law design-defect claims that turn on the adequacy of a drug’s warnings are pre-empted by federal law under PLIVA v. Mensing.

Plain English Summary:

Judgment: Reversed, 5-4, in an opinion by Justice Alito on June 24, 2013. Justice Breyer filed a dissenting opinion in which Justice Kagan joined. Justice Sotomayor filed a dissenting opinion in which Justice Ginsburg joined.

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Holding: State-law design-defect claims that turn on the adequacy of a drug’s warnings are pre-empted by federal law under PLIVA v. Mensing.   JudgmentReversed, 5-4, in an opinion by Justice Alito on June 24, 2013. Justice Breyer filed a dissenting opinion in which Justice Kagan joined. Justice Sotomayor filed a dissenting opinion in which Justice Ginsburg joined.
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