Wyeth v. Levine
2009 United States Supreme Court case / From Wikipedia, the free encyclopedia
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Wyeth v. Levine, 555 U.S. 555 (2009), is a United States Supreme Court case holding that Federal regulatory approval of a medication does not shield the manufacturer from liability under state law.[1]
Quick Facts Wyeth v. Levine, Argued November 3, 2008 Decided March 4, 2009 ...
Wyeth v. Levine | |
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Argued November 3, 2008 Decided March 4, 2009 | |
Full case name | Wyeth, Petitioner v. Diana Levine |
Docket no. | 06-1249 |
Citations | 555 U.S. 555 (more) 129 S. Ct. 1187; 173 L. Ed. 2d 51; 2009 U.S. LEXIS 1774 |
Case history | |
Prior | Judgment for plaintiff, Washington Superior Court, Vermont (2004); affirmed, 944 A.2d 179 (Vt. 2006); cert. granted, 552 U.S. 1161 (2008). |
Holding | |
Federal law does not pre-empt Levine’s claim that Phenergan’s label did not contain an adequate warning about the IV-push method of administration. Supreme Court of Vermont affirmed. | |
Court membership | |
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Case opinions | |
Majority | Stevens, joined by Kennedy, Souter, Ginsburg, Breyer |
Concurrence | Breyer |
Concurrence | Thomas (in judgment) |
Dissent | Alito, joined by Roberts, Scalia |
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