Supreme Court Holds that FDA Regulation Does Not Preempt State Tort Claim By Caitlyn Ross – Edited by Miriam Weiler Wyeth v. Levine Supreme Court of the United States, March 4, 2009, No. 06-1249 Slip Opinion On March 4th, the Supreme Court of the United States affirmed the judgment of the Vermont Supreme Court, holding that federal drug labeling regulations do not preempt state failure-to-warn lawsuits.  The Supreme Court held that compliance with FDA labeling requirements did not preempt Levine’s ... Read More...

Maryland’s Highest Court Adopts Dendrite Standard for Unmasking Anonymous Forum Posters in Defamation Actions By Evan Kubota –- Edited by Miriam Weiler Independent Newspapers, Inc. v. Brodie Court of Appeals of Maryland, February 27, 2009, No. 63 Opinion On February 27th, the Court of Appeals of Maryland reversed a lower court’s order compelling discovery of the identities of five anonymous Internet forum posters in a defamation action. The court had granted certiorari on its own initiative.  While the court’s holding ... Read More...

Eli Lilly Granted Stay Extension, Prevents Teva’s Generic Alternative Until March 9th By Brian Kozlowski – Edited by Anna Lamut Eli Lilly & Co. v. Teva Pharma Federal Circuit, February 24, 2009, No. 2009-1071 Opinion On February 24th, the Federal Circuit affirmed two to one an order by the United States District Court for the Southern District of Indiana extending the 30-month statutory stay on FDA approval of Teva Pharmaceuticals‘ generic version of Eli Lilly‘s postmenopausal osteoporosis drug, Evista®. The ... Read More...