Litigation

Recent Posts

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 Says Wyeth Can Be Liable For Injuries Caused By Generic Drug
Posted on 11 Jan 2013 by Tom Moylan

MONTGOMERY, Ala. - (Mealey's) An 8-1 majority of the Alabama Supreme Court on Jan. 11 ruled that Wyeth can be held liable for failing to warn doctors about the risk of long-term use of Reglan if a patient was injured by metoclopramide, the generic... 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

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

Failure To Update Generic Metoclopramide Label Not Preempted, 6th Circuit Says
Posted on 14 Mar 2013 by Tom Moylan

CINCINNATI - (Mealey's) A plaintiff's claim that PLIVA Inc. failed to add a 2004 warning from the Reglan label to its label for generic metoclopramide is not preempted, a panel of the Sixth Circuit U.S. Court of Appeals said March 13 in what it... Read More