Novartis Pharmaceuticals Corp. v. Fussman
- Case Date: 6/27/2013
- Project Name: Health Care Project
On October 7, 2013, the U.S. Supreme Court issued an order declining to review an appeals court decision that permits a private plaintiff suing under state law to impose punishment, in the form of punitive damages, on a prescription drug manufacturer who fully satisfied the FDA’s rigorous approval and labeling requirements. The order was a setback for WLF, which filed a brief in the case urging discretionary review. WLF argued that such punitive damages claims are impliedly preempted by federal law because they stand as an obstacle to the accomplishment of the goals of Congress and the FDA. In its brief, WLF also argued that allowing punitive damages award under North Carolina law undermines federal law by calling into question FDA’s decisions enforcement specific product labels. WLF’s brief sought to distinguish the instant case from Wyeth v. Levine, an earlier Supreme Court preemption case decided in 2009 that involved an award of compensatory damages.
More Information and Downloads:
6/27/2013: Download the Brief