Appellate Law
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Appellate Law
Sotomayor Sounds Off: How the lack of professional diversity is hurting the high court
In a warm and engaging fashion, the first Hispanic on the U.S. Supreme Court embraced the idea of more diversity on the nation’s high court and quickly underscored she was talking beyond racial and gender differences. Associate Supreme Court Justice Sonia Sotomayor and Ronald Cass,...
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Tackling Teva and More at the U.S. Supreme Court
MCC: On January 20, 2015, the U.S. Supreme Court issued its opinion in the closely watched Teva Pharmaceuticals v. Sandoz case. Can you give us some background on the case and talk about what was at stake and what was decided? Dragseth: Teva had sued Sandoz on its patent covering a method for...
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Poking Holes in Pliva v. Mensing: Are Failure to Timely Update Label Claims Cognizable?
In Pliva, Inc. v. Mensing, 131 S. Ct. 2567 (2011), the United States Supreme Court held that state law failure to warn claims against manufacturers of generic pharmaceutical products were impliedly pre-empted by federal law because FDA regulations preclude generic manufacturers from including...
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