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: 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

Duane Morris Alert: Supreme Court Orders 9th Circuit to Revisit Preemption Ruling Against Generic OTC Ibuprofen Manufacturer
Posted on 21 Nov 2011 by Duane Morris LLP

During its October 28, 2011, conference, the U.S. Supreme Court remanded to the Ninth Circuit its ruling denying federal preemption to a generic manufacturer of ibuprofen to be reassessed in light of the Court's Mensing decision last term. The remand... 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

Brand-Name Pharmaceutical Companies Can Be Liable to Generic Drug Users for Recklessly Providing Inadequate Warnings on Brand-Name Drugs
Posted on 2 Apr 2018 by Gabriela Nolen

Chief Justice Ralph D. Gants of the Supreme Judicial Court of Massachusetts wrote for the Court on March 16, 2018 that a generic drug user’s negligence claim against Merck had been properly dismissed by the Judge Kenneth J. Fishman of the Middlesex... 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

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

Free Download: Keller & Heckman Litigation Alert: 9th Circuit Rules State Law Failure-To-Warn Claims Against Manufacturers Of Generic Drugs Not Preempted By Federal Law
Posted on 2 Feb 2011 by Keller and Heckman LLP

On January 24, 2010, the Ninth Circuit Court of Appeals joined the Fifth and Eighth Circuits, in extending the Supreme Court's decision in Wyeth v. Levine to state law failure-to-warn claims against makers of generic drugs. The Ninth Circuit held... Read More