PLIVA, Inc., et al. v. Mensing; Actavis Elizabeth, LLC v. Mensing; Actavis, Inc., v. Demahy
| Docket Number | 09-993,09-1039,09-1501 |
| Decision Date | 23 June 2011 |
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837 cases
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Exela Pharma Scis., LLC v. Sandoz, Inc.
...federal agency, that party cannot independently satisfy those state duties for pre-emption purposes." PLIVA, Inc. v. Mensing, 564 U.S. 604, 623-24, 131 S.Ct. 2567, 180 L.Ed.2d 580 (2011). That is because "[t]he only action the [Defendant] could independently take—asking for the FDA's help—i......
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Just Puppies, Inc. v. Frosh
...Pharm. Co., Inc. v. Bartlett , 570 U.S. 472, 480, 133 S.Ct. 2466, 186 L.Ed.2d 607 (2013) ); see also PLIVA, Inc. v. Mensing , 564 U.S. 604, 617, 131 S.Ct. 2567, 180 L.Ed.2d 580 (2011) ; Freightliner Corp. v. Myrick , 514 U.S. 280, 287, 115 S.Ct. 1483, 131 L.Ed.2d 385 (1995). This occurs whe......
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Portland Pipe Line Corp. v. City of S. Portland
...Mktg. & Sales Practices Litig. , 779 F.3d 34, 41 (1st Cir. 2015) (internal quotations omitted) (citing PLIVA, Inc. v. Mensing , 564 U.S. 604, 621, 131 S.Ct. 2567, 180 L.Ed.2d 580 (2011) ; Wyeth v. Levine , 555 U.S. 555, 573, 129 S.Ct. 1187, 173 L.Ed.2d 51 (2009) ). PPLC can and currently do......
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Aaron v. Medtronic, Inc.
...... to comply with the MDA's reporting requirements does not constitute a ‘parallel claim.’ "); cf. PLIVA, Inc. v. Mensing , 564 U.S. 604, 131 S.Ct. 2567, 2578, 180 L.Ed.2d 580 (2011) ("State law demanded a safer label; it did not instruct the Manufacturers to communicate with the FDA").Pla......
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63 firm's commentaries
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Products Liability Update - May 2012 - Part 1
...unsettled questions regarding preemption in the context of nonprescription, over-the-counter (OTC) drugs. In PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011), the Supreme Court held that federal law preempted state law failure to warn claims asserted against generic drug manufacturers. The Co......
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Alabama No Longer An Outlier State: Legislature Says 'No' To Innovator Liability
...Miss. 2013). Minnesota Law Mensing v. Wyeth, Inc., 588 F.3d 603 (8th Cir. 2009), rev'd on other grounds sub nom. PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011), re-instated in relevant part, 658 F.3d 867 (8th Cir. 2011). Flynn v. Am. Home Prods. Corp., 627 N.W.2d 342 (Minn. Ct. App. 2001). ......
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Bartlett Pairs – “Failure To Recall” As a “Stop-Selling” Variant
...for the plaintiffs in Bartlett I, while the strict liability verdict they had received was being appealed, PLIVA, Inc. v. Mensing, 564 U.S. 604 (2011), happened. Since they were also suing over a generic drug, plaintiffs had to abandon their strict liability claims as preempted by Mensing, ......
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Does 'Mutual Pharmaceutical Co., Inc. v. Bartlett' Herald The Demise Of The 'Failure-To-Withdraw' Theory?
...and (iii). Federal law prohibits generic pharmaceutical manufacturers from independently changing their drugs' labels. PLIVA v. Mensing, 131 S. Ct. 2567, 180 L.Ed. 2d 580 (2011) (failure-to-warn claims against generic manufacturers are pre-empted by the FDCA's prohibition on changes to gene......
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22 books & journal articles
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Preemption and Commerce Clause Issues
...Corp., 331 U.S. 218, 230 (1947). 11. English, 496 U.S. at 79; Jones, 430 U.S. at 525; Rice, 331 U.S. at 230. 12. PLIVA, Inc. v. Mensing, 131 S. Ct. 2567, 2577 (2011); Hillsborough Cnty., Fla. v. Automated Med. Labs., 471 U.S. 707, 713 (1985). 13. Florida Lime & Avocado Growers v. Paul, 373 ......
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CHAPTER § 9.02 Common Defenses
...Inc., 588 F.3d 603, 613-14 (8th Cir. 2009) (applying Minnesota law), rev'd in part on other grounds sub nom., PLIVA, Inc. v. Mensing, 564 U.S. 604 (2011), reaffirmed in pertinent part and vacated on other grounds, 658 F.3d 867 (8th Cir. 2011); Bell v. Pfizer, Inc., 716 F.3d 1087, 1092-93 (8......
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Interpreting regulations.
...qualify for Seminole Rock deference, rejecting the argument that under Mead and Christensen they should not. See Pliva, Inc. v. Mensing, 131 S. Ct. 2567, 2575 n.3 (201 I) (relying on brief of United States); Chase Bank USA, N.A.v. McCoy, 131 S. Ct. 871. 883-84 (201 I) (rejecting argument th......
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Summary Judgment
...Inc., 496 U.S. 661, 676 (1990); Glaxo, Inc. v. Novopharm, Ltd., 110 F.3d 1562, 1568 (Fed. Cir. 1997); accord Pliva, Inc. v. Mensing, 131 S. Ct. 2567, 2582 (2011). 7. An ANDA does not require costly and time-consuming investigations showing the new generic drug is “safe in use” and “effectiv......
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