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U.S. High Court Allows Solicitor General To Argue For Drug Design Defect Preemption

WASHINGTON, D.C. - (Mealey's) The U.S. solicitor general will be allowed to argue March 19 that design defect claims involving generic drugs are preempted by federal law, the U.S. Supreme Court decided March 4 in granting the federal government's motion to participate in oral arguments ( Mutual...

Supreme Court Questions If New Hampshire Law Escapes Preemption Of Drug Claims

WASHINGTON, D.C. - (Mealey's) Several U.S. Supreme Court justices on March 19 questioned whether New Hampshire law allows a design defect claim against a generic drug manufacturer that escapes preemption under the high court's two drug preemption rulings ( Mutual Pharmaceutical Company, Inc....

Supreme Court Says State Law Design Defect Claim For Generic Drug Is Preempted

WASHINGTON, D.C. - (Mealey's) In a 5-4 decision, the U.S. Supreme Court on June 24 ruled that state law design defect claims that turn on the adequacy of a drug's warning are preempted by federal law ( Mutual Pharmaceutical Company, Inc. v. Karen L. Bartlett , No. 12-142, U.S. Sup.). [lexis.com...