New invitation brief

Yesterday the Acting Solicitor General filed an invitation brief in PLIVA, Inc. v. Mensing (09-993) and Actavis Elizabeth, LLC v. Mensing (09-1039), recommending that the Court deny certiorari in both cases. At issue in the two related cases is whether the Eighth Circuit abrogated the Hatch-Waxman Amendments by allowing state tort liability for failure to warn in direct contravention of the Acts requirement that a generic drugs labeling be the same as the labeling approved by the Food and Drug Administration for the listed (or branded) drug. The Acting Solicitor General’s brief is available here.