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Aiello on Update to PLIVA, Inc. v. Mensing: Some Good News for Plaintiffs: Design Defect Claims Against Generic Manufacturers May Survive Preemption (PDF)
Since the SCOTUS decision, litigants have wrestled over whether: (1) the decision has any effect on the cases holding that name-brand manufacturers cannot be held liable for injuries caused by the generic equivalent of their drug; and (2) whether it requires preemption of claims against generic manufacturers other than those alleging inadequacy of the warning?
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