The Government Stance On Generic Preemption

Law360, New York (November 4, 2010, 6:08 PM EDT) -- On Nov. 2, 2010, Acting Solicitor General Neal Katyal provided the U.S. government’s position on generic preemption in a brief filed in the U.S. Supreme Court. The amicus brief addressed the question of whether “federal law preempts a tort claim under state law that a generic drug approved by the Food and Drug Administration was inadequately labeled.”

The brief was submitted in response to the Supreme Court’s invitation for the government’s views on this important issue in the context of petitions for certiorari in a case...
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