Tag Archives: Supreme Court

The U.S. Supreme Court today heard arguments over whether big pharmaceutical companies can pay generic drug manufacturers to delay their entry into the marketplace. In FTC v. Actavis, the court will rule if payments made to preserve a name-brand prescription drug’s grip on the market count as collusion that violates federal antitrust laws, as the Federal Trade Commission is arguing. Opponents of the “pay-to-delay” system claim that the name-brand companies are essentially bribing their cheaper competitors to stay away, in …

Jammie Thomas-Rasset, the woman whom the recording industry martyred with a $222,000 damages award after several trials for stealing music online, has reached the end of her legal rope. The U.S. Supreme Court on Mar. 18 refused to hear her argument that the damages were unconstitutionally excessive.   Excessive Damages? The 8th U.S. Circuit Court of Appeals refused to overturn the damages award in September, which meant Thomas-Rasset owed record companies including Capitol Records, Sony BMG, Warner Bros. Records, and …

The U.S. Supreme Court will hear arguments next week in two cases that have the potential to change the face of LGBT rights and bring marriage equality to all Americans. In Windsor v. United States, the court will rule on the constitutionality of the Defense of Marriage Act, which bans federal recognition of same-sex marriage. In Hollingsworth v. Perry, the justices will consider California’s Proposition 8 measure that banned LGBT marriage in the state. The court could uphold the law, …

The U.S. Supreme Court today heard arguments in a case that will further refine to what extent the makers of generic pharmaceutical drugs can be sued in state court. In Bartlett v. Mutual Pharmaceuticals, the justices will decide if federal law that governs the design of generic drugs preempts state consumer protection laws in cases where the drugs injure patients. Karen Bartlett was blinded and suffered horrific skin problems in 2004, with two-thirds of her body becoming an open wound, …

The United States Supreme Court heard arguments Tuesday on whether DNA samples can be collected from crime suspects without a warrant. In Maryland v. King, the court is expected to decide whether the policy of 28 states and the federal government to swab DNA from arrestees is a violation of privacy rights, in what Justice Samuel Alito called “the most important criminal procedure case this Court has had in decades.” At issue is whether taking DNA constitutes an invasive search …