From our private database of 32,200+ case briefs...
Merck Sharp & Dohme Corp. v. Albrecht
United States Supreme Court
139 S. Ct. 1668 (2019)
Merck Sharp & Dohme Corp. (defendant) manufactures Fosamax, a drug used to treat and prevent osteoporosis. In 1998, the Food and Drug Administration (FDA) approved Fosamax labelling without a warning about unusual thigh-bone stress fractures, although Merck scientists knew Fosamax could theoretically cause them. Merck applied to add a warning in 2008, but the FDA rejected the application. At the time, neither Merck nor the FDA was certain that the developing evidence showed a connection strong enough to require a new warning. The FDA did not require Merck to add a warning until 2010. Meanwhile, from 1999 to 2010, more than 500 women (plaintiffs) who took Fosamax suffered stress fractures and brought failure-to-warn lawsuits against Merck. Merck countered that federal law precluded state-law failure-to-warn claims because the FDA would not and did not approve an additional warning in 2008. The trial court agreed and granted summary judgment for Merck. The appellate court reversed and remanded, reasoning that the jury should decide whether it was highly unlikely that the FDA would have approved the label change. Merck petitioned the Supreme Court for review.
Rule of Law
Holding and Reasoning (Breyer, J.)
Concurrence (Thomas, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 585,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 585,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 32,200 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.