Litigation

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Supreme Court: Generic Drug Makers Not Liable For Warnings
Posted on 24 Jun 2011 by LexisNexis Litigation Resource Community Staff

WASHINGTON, D.C. - (AP) The Supreme Court on Thursday ruled that makers of generic drugs cannot be sued for failing to warn consumers of the possible side effects of their products if they copy the exact warnings on the brand-name equivalents of the medicines... Read More

Supreme Court Questions Limits On Use Of Prescription Data
Posted on 27 Apr 2011 by LexisNexis Litigation Resource Community Staff

WASHINGTON, D.C. - (AP) The Supreme Court cast doubt Tuesday on efforts by states to limit drug manufacturers' use of information about the prescription drugs that doctors like to prescribe. The court took up a dispute between the state of Vermont... Read More

6th Circuit Reverses Preemption-Based Dismissal Of Diet Drug Negligence Claims
Posted on 18 Aug 2010 by Michael Lefkowitz

CINCINNATI - (Mealey's) Citing the Supreme Court's rejection of implied preemption of pharmaceutical product liability in Wyeth v. Diana Levine (No. 06-1249, U.S. Sup.; 2009 U.S. LEXIS 1774), the Sixth Circuit U.S. Court of Appeals on Aug. 18... Read More

Supreme Court Justices Weigh Constitutionality Of Vermont Law Restricting Prescribing Data
Posted on 26 Apr 2011 by Tom Moylan

WASHINGTON, D.C. - (Mealey's) U.S. Supreme Court justices on April 26 questioned why Vermont needs to hide doctors' prescribing habits from drug sales representatives or if the state has a sound public policy reason for doing so ( William H. Sorrell... Read More

1st Circuit: $21 Million Design Defect Verdict For Generic Drug Injury Not Preempted
Posted on 3 May 2012 by Tom Moylan

BOSTON - (Mealey's) A panel of the First Circuit U.S. Court of Appeals on May 2 affirmed a $21 million generic drug injury verdict, finding that a 2011 Supreme Court ruling about generic drug injury claims does not preempt design defect claims ( Karen... Read More

Supreme Court Says Vermont Law Restricting Prescribing Data Is Unconstitutional
Posted on 23 Jun 2011 by Tom Moylan

WASHINGTON, D.C. - (Mealey's) Vermont's law restricting the sale of doctors' drug-prescribing information to data miners for use in marketing drugs to doctors is an unconstitutional, impermissible restriction on free speech content and on... Read More

Split Supreme Court Says Generic Drug Warning Claims Are Preempted
Posted on 23 Jun 2011 by Tom Moylan

WASHINGTON, D.C. - (Mealey's) State tort law failure-to-warn claims involving the generic drug metoclopramide are preempted by federal law, the U.S. Supreme Court said June 23 in a 5-4 ruling ( Pliva, Inc., et al. v. Gladys Mensing , No. 09-993, Actavis... Read More