· 3/13/2013
Eleanor Fulgenzi v. PLIVA, Inc.
Citations
- 711 F.3d 578
- 2013 WL 949096
- 2013 U.S. App. LEXIS 4961
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- acknowledging that Buckman applies where an \element of the claim is premised on a federal-law violation\
- noting “the logic of Buckman would encourage exclusion of evidence of federal-law violations where possible”
- finding no impossibility preemption because the generic manufacturer could — indeed was required to — comply with its federal duty to update its labeling to match the brand-name manufacturer’s labeling
Source: CourtListener parenthetical corpus (CC0).
Judges: Boggs, White, McCalla
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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