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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...

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...