No. 19-1444

GlaxoSmithKline LLC v. United Food and Commercial Workers Local 1776 and Participating Employers Health and Welfare Fund, et al.

Lower Court: Third Circuit
Docketed: 2020-07-01
Status: Denied
Type: Paid
Amici (1)Response Waived
Tags: avandia brand-name-drug brand-name-drugs conflict-preemption drug-labeling drug-manufacturer fda-preemption fda-regulations label-change material-information regulatory-compliance tort-claims
Key Terms:
Securities JusticiabilityDoctri
Latest Conference: 2020-09-29
Question Presented (from Petition)

Federal law preempts state -law tort claims where a brand- name drug's manufacturer provides the FDA with all material information in its possession at the time the FDA resolves the manufacturer's label change request , or whether applicants must also provide the FDA with data and information t hat does not exist or that, under binding regulations, the FDA does not want and that the FDA did not rely upon in reaching its decision.

Question Presented (AI Summary)

Whether federal law preempts state-law tort claims where a brand-name drug's manufacturer provides the FDA with all material information in its possession at the time the FDA resolves the manufacturer's label change request, or whether applicants must also provide the FDA with data and information that does not exist or that, under binding regulations, the FDA does not want and that the FDA did not rely upon in reaching its decision

Docket Entries

2020-10-05
Petition DENIED.
2020-07-24
Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. (Distributed)
2020-07-15
DISTRIBUTED for Conference of 9/29/2020.
2020-07-13
Waiver of right of respondent United Food and Commercial Workers Local 1776, et al. to respond filed.
2020-06-26
Petition for a writ of certiorari filed. (Response due July 31, 2020)

Attorneys

GlaxoSmithKline LLC
Jay Philip LefkowitzKirkland & Ellis LLP, Petitioner
Pharmaceutical Research and Manufacturers of America
Michael Xavier ImbroscioCovington and Burling LLP, Amicus
United Food and Commercial Workers Local 1776, et al.
Thomas M. SobolHagens Berman Sobol Shapiro, LLP, Respondent