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Supreme Court Decision Alert - February 22, 2012
Today the Supreme Court issued one decision, described below, of interest to the business community.
United States
23 Feb 2012
Fourth Circuit Rules That Federal Law Preempts State-Law Claims Arising From Alleged Malfunction Of Medical Device That Complied With FDA Requirements
In Walker v. Medtronic, Inc., No. 10-2219, ___F.3d___ (January 25, 2012), the US Court of Appeals for the Fourth Circuit held that the Medical Device Amendments to the Food, Drug, and Cosmetic Act preempt state-law claims arising from the alleged malfunction of a Class-III medical device that had received premarket approval from the Food and Drug Administration and had complied with all requirements imposed by the agency.
United States
7 Feb 2012
Supreme Court Docket Report - November 14, 2011
The Supreme Court granted certiorari today to resolve various constitutional challenges to the Affordable Care Act ("ACA" or "Act"), the Obama Administration’s signature health care law.
United States
16 Nov 2011
Supreme Court Decision Alert - June 23, 2011
In a trilogy of closely watched cases, "PLIVA, Inc. v. Mensing", No. 09-993, "Activas Elizabeth, LLC v. Mensing", No. 09-1039, and "Activas, Inc. v. Demahy", No. 09-1501, the Supreme Court held today that the federal statutes and regulations governing the labeling of generic drugs preempt state-law failure-to-warn claims against generic drug manufacturers.
United States
29 Jun 2011
Supreme Court Docket Report - June 27, 2011
Section 408 of the Federal Meat Inspection Act ("FMIA" or "Act") prohibits States from imposing "[r]equirements . . . with respect to premises, facilities and operations of any establishment at which inspection is provided . . . which are in addition to, or different than those made under" the Act.
United States
29 Jun 2011
Supreme Court Decision Alert - March 29, 2011
Astra USA, Inc. v. Santa Clara County, No. 09-1273 (previously discussed in the September 28, 2010 Docket Report).
United States
30 Mar 2011
Supreme Court Docket Report - December 13, 2010
The Federal Food, Drug, and Cosmetic Act ("FDCA"), 21 U.S.C. 301 "et seq.", sets out the process through which generic drug manufacturers receive approval to market their products.
United States
14 Dec 2010
Supreme Court Docket Report - June 14, 2010
Section 10(b) of the Securities Exchange Act of 1934 and SEC Rule 10b-5 provide that a business may be held liable for failure to disclose any material fact in connection with the purchase or sale of its securities.
United States
15 Jun 2010
Supreme Court Docket Report - Decision Alert - March 4, 2008
Under the Federal Food, Drug and Cosmetic Act (FDCA), 21 U.S.C. § 301 et seq., a manufacturer must receive the approval of the Food and Drug Administration (FDA) before marketing a new drug. See 21 U.S.C. § 355(b).
United States
6 Mar 2009
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