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Supreme Court grants review of Sorrell v. IMS Health

Posted on January 7, 2011 by Dissent

SCOTUSblog reports that the Supreme Court granted review today in a case that asks whether states can enact laws to protect prescription data from commercial access:

The prescription records case, Sorrell v. IMS Health Inc., et al. (10-779) is an appeal by Vermont state officials seeking to revive a state law that restricted commercial access to and uses of private medical data — here, information about brand-name drugs prescribed by doctors. The Second Circuit Court struck down that law under the First Amendment. There is now a conflict among lower courts on the issue, and both sides in the Vermont case joined in urging the Court to resolve the dispute.

Related documents (via SCOTUSblog):

Title: Sorrell v. IMS Health Inc. (Granted )
Docket: 10-779
Issue(s): Whether a law that restricts access to information in nonpublic prescription drug records and affords prescribers the right to consent before their identifying information in prescription drug records is sold or used in marketing violates the First Amendment.

Certiorari-Stage Documents:

  • Opinion below (2d Cir.)
  • Petition for certiorari
  • Brief for respondents IMS Health Inc. et al.
  • Brief for respondent Pharmaceutical Research and Manufacturers of America

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