PLIVA, Inc. v. Mensing’s Empirical Analysis
2011
Citation profile
49 federal appellate · 28 district · 33 state decisions
How this case has been cited
Cited by 222 later decisions (10 by the Supreme Court) — most recently March 2020 · most notably Kisor v. Wilkie (2019), Jankey v. Song Koo Lee (2012)
49 federal appellate · 28 district · 33 state decisions — followed in 18 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 21 U.S.C. § 301 (Animal Drug Amendments of 1968) · 21 U.S.C. § 321 (Federal Food, Drug, and Cosmetic Act) · 21 U.S.C. § 352 (Federal Food, Drug, and Cosmetic Act) · 21 U.S.C. § 355 (Federal Food, Drug, and Cosmetic Act) · 21 U.S.C. § 360K (Federal Food, Drug, and Cosmetic Act) · 49 U.S.C. § 30103
Relies on Hines v. Davidowitz · Rice v. Santa Fe Elevator Corp. · Auer v. Robbins · Cipollone v. Liggett Group, Inc. · Florida Lime & Avocado Growers, Inc. v. Paul
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 222 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[w]here state and federal law 'directly conflict,' state law must give way.”
12 later decisions quote this exact passage · from the majority“[I]t was impossible for the Manufacturers to comply with both their state-law duty to change the label and their federal law duty to keep the label the same”
4 later decisions quote this exact passage · from the concurrence“[t]he question for 'impossibility' is whether the private party could independently do under federal law what state law requires of it.”
3 later decisions quote this exact passage · from the concurrence
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.