Home -> Law Blog Directory -> Litigation Blogs -> How Appealing

Litigation

: How Appealing

Second Circuit invalidates Vermont statute banning the sale, transmission, or use of prescriber-identifiable data for marketing or promoting a prescription drug unless the prescriber consents

Second Circuit invalidates Vermont statute banning the sale, transmission, or use of prescriber-identifiable data for marketing or promoting a prescription drug unless the prescriber consents: The majority on a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit strikes down the Vermont law as an impermissible restriction on commercial speech in a ruling issued today.

Circuit Judge Debra Ann Livingston issued a dissenting opinion in which she states that "the majority not only reaches the wrong result in this case, but creates Circuit precedent likely to have pernicious broader effects in a complex and evolving area of First Amendment law."

Although the Second Circuit is reluctant to grant rehearing en banc, it is noteworthy that the majority on this three-judge panel consists of a senior status Second Circuit judge and a federal district judge sitting by designation.

Update: In early news coverage, The Wall Street Journal has a news update headlined "Appeals Court Strikes Down Vermont Law Restricting Prescription Data."

Full post as published by How Appealing on November 23, 2010 (boomark / email).