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Torts Keyed to Goldberg
Pliva, Inc. v. Mensing
Citation:131 S. Ct. 2567 (2011)
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The FDA approved a drug, and it was sold under both a brand name and a generic name. Plaintiffs took the generic version in 2001 and 2002, but in subsequent years the FDA required that the warning label be updated to reflect new scientific information regarding the potential harm of the drug. The plaintiffs sustained injuries as a result of taking the drug. The question is whether, given that the plaintiffs took the drug before the additional warnings were required, the FDA regulations preempt the plaintiff’s state tort claims.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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