Mut. Pharm. Co. v. Bartlett, No. 12–142.
| Court | United States Supreme Court |
| Writing for the Court | Justice ALITO delivered the opinion of the Court. |
| Citation | 186 L.Ed.2d 607,570 U.S. 472,133 S.Ct. 2466 |
| Parties | MUTUAL PHARMACEUTICAL CO., INC., Petitioner v. Karen L. BARTLETT. |
| Docket Number | No. 12–142. |
| Decision Date | 24 June 2013 |
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183 practice notes
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City of S.F. v. Purdue Pharma L.P., Case No. 3:18-cv-07591-CRB
...accordance with their FDA labeling, both of which are preempted by the FDCA. Def. Mot. at 27-28 (citing Mut. Pharm. Co., Inc. v. Bartlett, 570 U.S. 472, 488 (2013)). In doing so, Defendants rely on the City's assertion that Defendants expressed the "false position that opioids were safe and......
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McNair v. Johnson & Johnson, No. 17-0519
...A typical NDA spans thousands of pages and is based on clinical trials conducted over several years. Mut. Pharm. Co. v. Bartlett , 570 U.S. 472, 476-77, 133 S.Ct. 2466, 186 L.Ed.2d 607 (2013) (internal quotation marks, brackets, and citations omitted). In 1984, Congress enacted the Drug Pri......
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Just Puppies, Inc. v. Frosh, Civil Action ELH-21-1281
...(observing that “‘state laws that conflict with federal law are without effect'”) (citation omitted); Mutual Pharm. Co., Inc. v. Bartlett, 570 U.S. 472, 480 (2013). “Put simply, federal law preempts contrary state law.” Hughes v. Talen Energy Mktg., LLC, ___ U.S. ___, 136 S.Ct. 1288, 1297 (......
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Cnty. of Ocean v. Grewal, Civil Action No. 19-18083 (FLW)
...v. Luitpold Pharms., Inc. , ––– F. Supp. 3d ––––, ––––, 2020 WL 1330705, at *3 (E.D. Pa. 2020) (quoting Mutual Pharm. Co. v. Bartlett , 570 U.S. 472, 475, 133 S.Ct. 2466, 186 L.Ed.2d 607 (2013) ). The Supreme Court has identified three categories of preemption: express preemption, conflict ......
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169 cases
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City of S.F. v. Purdue Pharma L.P., Case No. 3:18-cv-07591-CRB
...accordance with their FDA labeling, both of which are preempted by the FDCA. Def. Mot. at 27-28 (citing Mut. Pharm. Co., Inc. v. Bartlett, 570 U.S. 472, 488 (2013)). In doing so, Defendants rely on the City's assertion that Defendants expressed the "false position that opioids were safe and......
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McNair v. Johnson & Johnson, No. 17-0519
...A typical NDA spans thousands of pages and is based on clinical trials conducted over several years. Mut. Pharm. Co. v. Bartlett , 570 U.S. 472, 476-77, 133 S.Ct. 2466, 186 L.Ed.2d 607 (2013) (internal quotation marks, brackets, and citations omitted). In 1984, Congress enacted the Drug Pri......
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Just Puppies, Inc. v. Frosh, Civil Action ELH-21-1281
...(observing that “‘state laws that conflict with federal law are without effect'”) (citation omitted); Mutual Pharm. Co., Inc. v. Bartlett, 570 U.S. 472, 480 (2013). “Put simply, federal law preempts contrary state law.” Hughes v. Talen Energy Mktg., LLC, ___ U.S. ___, 136 S.Ct. 1288, 1297 (......
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Cnty. of Ocean v. Grewal, Civil Action No. 19-18083 (FLW)
...v. Luitpold Pharms., Inc. , ––– F. Supp. 3d ––––, ––––, 2020 WL 1330705, at *3 (E.D. Pa. 2020) (quoting Mutual Pharm. Co. v. Bartlett , 570 U.S. 472, 475, 133 S.Ct. 2466, 186 L.Ed.2d 607 (2013) ). The Supreme Court has identified three categories of preemption: express preemption, conflict ......
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10 firm's commentaries
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Federal Preemption of State Attempts To Ban FDA-Approved Abortion Drugs After Dobbs
...of a purported state-law “stop selling” duty that the United States Supreme Court held preempted in Mutual Pharmaceutical Co. v. Bartlett, 570 U.S. 472 (2013). “Stop-selling” claims are simply: incompatible with our pre-emption jurisprudence. Our pre-emption cases presume that an actor seek......
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Dobbs Would Likely Have Significant Impacts On Drug And Device Companies
...for a drug company’s decision to market an FDA-approved medication since way since way before Mutual Pharmaceutical Co. v. Bartlett, 570 U.S. 472 (2013). (See this post on one of our decisions from 2008.) But Bartlett and its clear preemption of “stop selling” theories of liability have had......
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Dobbs Would Likely Have Significant Impacts On Drug And Device Companies
...for a drug company’s decision to market an FDA-approved medication since way since way before Mutual Pharmaceutical Co. v. Bartlett, 570 U.S. 472 (2013). (See this post on one of our decisions from 2008.) But Bartlett and its clear preemption of “stop selling” theories of liability have had......
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Pro Se Plaintiff Tries and Fails To Plead Claims For Failure To Withdraw And Failure To Warn
...some sanity. The Supreme Court provided strong assists with PLIVA v. Mensing, 564 U.S. 604 (2011), and Mutual Pharm. Co. v. Bartlett, 570 U.S. 472 (2013). Since the appellate decisions in Wimbush and Lance, few courts have expressly recognized a “stop selling” cause of action for FDA-author......
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