Levine v. Wyeth’s Empirical Analysis
2008
Citation profile
1 federal appellate · 3 district · 18 state decisions
How this case has been cited
Cited by 33 later decisions (4 by the Supreme Court) — most recently June 2025 · most notably Wyeth v. Levine (2009), Riegel v. Medtronic, Inc. (2008)
1 federal appellate · 3 district · 18 state decisions
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. § 355 (Federal Food, Drug, and Cosmetic Act) · 21 U.S.C. § 393 (Federal Food, Drug, and Cosmetic Act)
Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · Skidmore v. Swift & Co. · United States v. Mead Corp. · Rice v. Santa Fe Elevator Corp. · Cipollone v. Liggett Group, Inc.
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the jury verdict established only that Phenergan’s warning was insufficient. It-did not mandate a particular replacement warning, nor did it require contraindicating IV-push administration: “There may have been any number of ways for [Wyeth] to strengthen the Phenergan warning without completely eliminating IV-push administration.””
1 later decision quote this exact passage · from the dissent“the FDA's statement is neither an authoritative interpretation of an ambiguous statutory provision entitled to deference . . . nor a persuasive policy statement entitled to respect”
1 later decision quote this exact passage“policy judgment that safety would best be promoted if manufacturers installed alternative protection systems in their fleets rather than one particular system in every car.”
1 later decision quote this exact passage · from the dissent
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.