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PLIVA, Inc. v. Mensing

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
09-993 8th Cir. Mar 30, 2011
Tr.Aud.
Jun 23, 2011 5-4 Thomas OT 2010

Holding: Federal drug regulations applicable to generic drug manufacturers directly conflict with, and thus preempt, state-law tort claims alleging a failure to provide adequate warning labels.

Judgment: Reversed , 5-4, in an opinion by Justice Clarence Thomas on June 23, 2011. The Chief Justice and Justices Scalia and Alito joined the opinion in full, while Justice Kennedy joined as to all but Part III-B-2. Justice Sotomayor filed a dissenting opinion, which was joined by Justices Ginsburg, Breyer, and Kagan.

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