By Jeffrey V. Mehalic on Posted in Appeals Last week the Supreme Court issued its decision in Wyeth v. Levine, 2009 WL 529172 (U.S. Vt.), which affirmed the Vermont Supreme Court’s ruling that Diana Levine’s state law claims alleging defective pharmaceutical packaging were not preempted by federal law. Justice John Paul Stevens wrote the 6–3 majority opinion, Justices Stephen
By Jeffrey V. Mehalic on Posted in AppealsThe Supreme Court of the United States heard arguments yesterday in Wyeth v. Levine, No. 06-1249, which again presents the issue of federal preemption, this time in the context of state law claims resulting from allegedly defective pharmaceutical packaging.
Wyeth has generated an enormous amount of discussion and analysis. Here is
By Jeffrey V. Mehalic on Posted in Health Care Costs The West Virginia Health Care Authority last week dissolved the stay it had issued pending reconsideration of the certificate of need for The Carlyle Group’s buyout of HCR Manor Care’s nursing homes in West Virginia, but denied Manor Care’s request to affirm the CON immediately. Here is the WVHCA’s Continue Reading