Marsh v. Genentech, Inc.’s Empirical Analysis
693 F.3d 546 · 2012
Citation profile
1 federal appellate · 1 state decisions
Relationships
Applies 21 U.S.C. § 301 (Animal Drug Amendments of 1968) · 28 U.S.C. § 1332 (Class Action Fairness Act of 2005)
Relies on Hines v. Davidowitz · Rice v. Santa Fe Elevator Corp. · Wyeth v. Levine · Buckman Company V.' Legal Committee · Berquist v. Washington Mutual Bank
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A motion to dismiss can be premised on an affirmative defense ... if 'the plaintiff's own allegations show that a defense exists that legally defeats the claim for relief.'”
3 later decisions quote this exact passage · from the majority“solely by virtue of the FDCA disclosure requirements,” allowing state law causes of actions for violations of these federal regulations”
1 later decision quote this exact passage · from the majority“failure to submit reports to the FDA that the FDA requires is arguably a species of fraud on the agency under the state Act”
1 later decision quote this exact passage · from the majority
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.