Litigation

Recent Posts

Supreme Court: Can Generic Drug Maker Be Sued Over Labels?
Posted on 31 Mar 2011 by LexisNexis Litigation Resource Community Staff

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... Read More

U.S. Supreme Court To Decide Whether Claims About Generic Drugs Are Preempted
Posted on 13 Dec 2010 by Tom Moylan

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... Read More

Alabama High Court Again Says Brand-Name Drug Makers Liable In Generic Injury Case
Posted on 18 Aug 2014 by Tom Moylan

MONTGOMERY, Ala. —(Mealey’s) A brand-name drug manufacturer may be liable under Alabama law for fraud or misrepresentation in a drug label used by generic drug makers, the Alabama Supreme Court held Aug. 15 after reconsidering its 2013 decision... Read More

U.S. High Court Allows Solicitor General To Argue For Drug Design Defect Preemption
Posted on 4 Mar 2013 by Tom Moylan

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... Read More

5th Circuit: Mensing Doesn't Make Brand-Name Defendants Liable For Injuries
Posted on 26 Oct 2012 by Tom Moylan

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... Read More