Transcription of No. 17-230 IN THE Supreme Court of the United …
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No. 17-230 IN THE Supreme Court of the United …
No. 17-230 IN THE Supreme Court of the United states October Term, 2017 Alice IVERS, et al, Petitioner, v. WESTERLY PHARMACEUTICAL, INC., Respondent. On Writ of Certiorari to the Twelfth Circuit Federal Court of Appeals BRIEF FOR PETITIONER Attorneys for Petitioner Team 2624 i QUESTIONS PRESENTED I. Whether this Court s decisions in PLIVA v. Mensing, 564 604 (2011), and Mutual Pharmaceutical v. Bartlett, 133 S. Ct. 2466 (2013), pre-empt the Petitioner s claims in this case when neither decision addressed the changes made to the FDCA by the FDAAA of 2007 and when it is neither impossible nor an obstacle to adhere to both the FDCA and Illinoza Products Liability Law. II. Whether attorney s fees are considered awardable costs under Federal Rule of Civil Procedure 41(d) when neither Rule 41(d) nor the statute through which the claim arises overcome the default of not awarding attorney s fees as costs and when the Petitioner did not act in bad faith nor in a vexatious manner.
No. 17-230 IN THE Supreme Court of the United States October Term, 2017 Alice IVERS, et al, Petitioner, v. WESTERLY PHARMACEUTICAL, INC., Respondent.
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