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Louisiana State University Law Center

Journal

2013

United States. Supreme Court

Discipline

Articles 1 - 2 of 2

Full-Text Articles in Law

Save Now, Pay Later: The Unfortunate Reality Of Pliva V. Mensing, Fabian Nehrbass Aug 2013

Save Now, Pay Later: The Unfortunate Reality Of Pliva V. Mensing, Fabian Nehrbass

Louisiana Law Review

The article offers information related to the supreme courts decisions in PLIVA v. Mensing court case. It mentions that the court has ruled that generic drug companies cannot be sued under state law over allegations that they failed to provide adequate labeling about side effects. It mentions that the case come before the court as court found that the U.S. Food and Drug administration's regulations require that the labeling on a generic drug should be identical to its brand drug counterpart.


When Will It Finally End: The Effectiveness Of The Rule 10b-5 Private Action As A Fraud-Deterrence Mechanism Post-Janus, Justin Marocco Feb 2013

When Will It Finally End: The Effectiveness Of The Rule 10b-5 Private Action As A Fraud-Deterrence Mechanism Post-Janus, Justin Marocco

Louisiana Law Review

The article discusses the Rule 10b-5 as a private method to limit the fraud-deterrence in the security for sales or purchase under the U.S. Securities Exchange Act. It mentions that the U.S. Supreme Court rejected the rule 10b-5 private actions liability for aiding and abetting. It states that the mutual fund company Janus Distribution LLC is responsible for the limitation of prevention of fraud because of escaping liability to the corporate officers for their unattributed misstatements.