Legal Opinion
Rodney Guilbeau v. Pfizer Inc.
Court of Appeals for the Seventh Circuit
Decided January 19, 2018No. 17-2056PublishedCited by 11 opinions
1Opinion of the Court
HAMILTON, Circuit Judge.
In Wyeth v. Levine, the Supreme Court held that claims against a manufacturer of a brand-namé prescription drug for failure to warn adequately of the drug’s dangers were not preempted by federal law. 555 U.S. 555 , 581, 129 S.Ct. 1187 , 173 L.Ed.2d 51 (2009). In PLTVA, Inc. v. Mensing, the Supreme. Court held that such failure-to-warn claims against manufacturers of generic drugs are preempted by federal law. The different results, the Court explained in Mensing, are based on the different regulatory requirements and processes for approving and labeling prescription…
2Cases cited13 opinions
- Watters v. Wachovia Bank, N. A.Supreme Court of the United States · 2007
- Wyeth v. LevineSupreme Court of the United States · 2009
- PLIVA, Inc. v. MensingSupreme Court of the United States · 2011
- Mut. Pharm. Co. v. BartlettSupreme Court of the United States · 2013
- Citizens for Appropriate Rural v. Anthony FoxxCourt of Appeals for the Seventh Circuit · 2016
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Nicole Nelson v. Great Lakes Educational Loan SCourt of Appeals for the Seventh Circuit · 2019
- Teresa Sykes v. Cook IncorporatedCourt of Appeals for the Seventh Circuit · 2023
- Dolin v. GlaxoSmithKline LLCCourt of Appeals for the Seventh Circuit · 2018
- Greager v. McNeil PPC, Inc.District Court, N.D. Illinois · 2019
- Nicole Nelson v. Great Lakes Educational Loan SCourt of Appeals for the Seventh Circuit · 2019
6 more not listed; retrieve them via the Exa API.