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U.S. Supreme Court
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Cert. petition denied
January 11, 2016
The petition for writ of certiorari was denied.
U.S. Chamber asks Supreme Court to review South Carolina judgment in FDA-approved labeling case
December 10, 2015
In its brief, the U.S. Chamber urged the U.S. Supreme Court to review a South Carolina judgment imposing $124 million in penalties for alleged “unfair or deceptive” statements made in connection with FDA-approved labeling. The brief argues that meaningful limits on civil penalties under the Excessive Fines Clause are particularly important given the increasing trend of states outsourcing enforcement to private attorneys on a contingency basis.
John H. Beisner and Geoffrey M. Wyatt of Skadden, Arps, Slate, Meagher & Flom LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.