MERCK SHARP & DOHME CORP. v. ALBRECHT

No. 17-290.

139 S.Ct. 1668 (2019)

587 U.S. 299

MERCK SHARP & DOHME CORP., Petitioner v. Doris ALBRECHT, et al.

Supreme Court of United States.

Decided May 20, 2019.


Attorney(s) appearing for the Case

Shay Dvoretzky , Washington, DC, for petitioner.

Malcolm L. Stewart , for the United States as amicus curiae, by special leave of the Court, supporting the petitioner.

David C. Frederick , Washington, DC, for respondents.

Stephanie Parker , Jones Day, Atlanta, GA, Benjamin M. Flowers , Jones Day, Columbus, OH, Shay Dvoretzky , Yaakov M. Roth , Jeffrey R. Johnson , Jones Day, Washington, DC, for petitioner.

David C. Frederick , Brendan J. Crimmins , Jeremy S.B. Newman , Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Washington, DC, for respondents.


When Congress enacted the Federal Food, Drug, and Cosmetic Act, ch. 675, 52 Stat. 1040, as amended, 21 U.S.C. § 301 et seq., it charged the Food and Drug Administration with ensuring that prescription drugs are "safe for use under the conditions prescribed, recommended, or suggested...

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