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MUTUAL PHARMACEUTICAL CO. v. BARTLETT

Docket No.: 12-142
Certiorari Granted: Nov 30 2012
Argued: March 19, 2013
Decided: June 24, 2013

Topics:

Federalism, Medicaid, Natural Resources, Supremacy Clause, patent, pre-emption clause, preemption

PartyNames: Mutual Pharmaceutical Company, Inc. v. Karen L. Bartlett
Petitioner: Mutual Pharmaceutical Company, Inc.
Respondent: Karen L. Bartlett

Court Below: United States Court of Appeals for the First Circuit
Citation: 678 F.3d 30
Supreme Court Docket

Mutual Pharmaceutical Company, Inc.
v.
Karen L. Bartlett
Question Presented:

Whether the First Circuit erred when it created a circuit split and held-in clear conflict with this Court's decisions in PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011); Riegel v. Medtronic, Inc., 552 U.S. 312 (2008); and Cipollone v. Liggett Group, Inc., 505 U.S. 504 (1992)-that federal law does not preempt state law design-defect claims targeting generic pharmaceutical products because the conceded conflict between such claims and the federal laws governing generic pharmaceutical design allegedly can be avoided if the makers of generic pharmaceuticals simply stop making their products.

MUTUAL PHARMACEUTICAL CO. v. BARTLETT
ORAL ARGUMENT

March 19, 2013

Listen to Oral Argument in MUTUAL PHARMACEUTICAL CO. v. BARTLETT
Holding: REVERSED
Vote: 5-4
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