U.S. Supreme Court To Decide Whether Claims About Generic Drugs Are Preempted

WASHINGTON, D.C. -- (Mealey's) The U.S. Supreme Court on Dec. 10 agreed to decide whether the Hatch Waxman Act prevents manufacturers of generic drugs from adding new warnings to drug labels as new risks become known ( Pliva, Inc. v. Gladys Mensing , No. 09-993, and Actavis Elizabeth, LLC v. Gladys...

Supreme Court: Can Generic Drug Maker Be Sued Over Labels?

WASHINGTON, D.C. - (AP) The Supreme Court seemed split on Wednesday on whether to allow generic drug makers to be sued in state court for not trying to get federal regulators to add warnings about potentially dangerous side effects to their drug labels. Federal laws require generic drugs to have the...

5th Circuit: Mensing Doesn't Make Brand-Name Defendants Liable For Injuries

NEW ORLEANS - (Mealey's) The U.S. Supreme Court's ruling that preempts failure-to-warn claims involving generic drugs does not change Louisiana state law and make manufacturers of brand-name versions liable, a Fifth Circuit U.S. Court of Appeals panel ruled Oct. 25 ( Julie Demahy v. Schwarz Pharma...

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...