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Toxic Tort Litigator Margie Searcy Alford On Wyeth v. Levine

In this Emerging Issues analysis, toxic tort litigator and author Margie Searcy Alford comments on the U.S. Supreme Court in Wyeth v. Levine (129 S. Ct. 1187 [2009]). The court held that federal law did not preempt state failure-to-warn claims against drug manufacturers. Ms. Alford also gives practice...

8th Circuit: Adulterated Drug Claims Aren't Preempted

ST. LOUIS -- (Mealey's) Claims that a drug company sold consumers an adulterated drug aren't preempted under two U.S. Supreme Court rulings, a panel of the Eighth Circuit U.S. Court of Appeals ruled Jan. 19 ( Allen LeFaivre, et al. v. KV Pharmaceutical Company, et al. , No. 10-1326, 8th Cir.;...

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

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 such state law claims are not preempted by federal...

Split Supreme Court Says Generic Drug Warning Claims Are Preempted

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 Elizabeth LLC v. Gladys Mensing , No. 09-1039...

Supreme Court: Generic Drug Makers Not Liable For Warnings

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. The majority opinion acknowledged that the...

1st Circuit: $21 Million Design Defect Verdict For Generic Drug Injury Not Preempted

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 L. Bartlett v. Mutual Pharmaceutical Company...

Jury Awards Plaintiff $285,000 In 5th Fosamax MDL Trial But Finds No Design Defect

NEW YORK - (Mealey's) A New York federal jury on Feb. 5 ordered Novartis Pharmaceuticals Corp. to pay $285,000 to a plaintiff for allegedly failing to warn her or her doctor that Fosamax carries a risk of osteonecrosis of the jaw (ONJ) ( In Re: Fosamax Products Liability Litigation , MDL Docket No...

Failure To Update Generic Metoclopramide Label Not Preempted, 6th Circuit Says

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 described as question of first impression in the...

Supreme Court Questions If New Hampshire Law Escapes Preemption Of Drug Claims

WASHINGTON, D.C. - (Mealey's) Several U.S. Supreme Court justices on March 19 questioned whether New Hampshire law allows a design defect claim against a generic drug manufacturer that escapes preemption under the high court's two drug preemption rulings ( Mutual Pharmaceutical Company, Inc....

U.S. High Court Won’t Hear Arguments That Punitives Are Preempted In Drug Cases

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Oct. 7 refused to hear arguments by Novartis Pharmaceuticals Corp. that federal drug regulations and high court precedent preempt the awarding of state law punitive damages in an Aredia/Zometa jaw injury case ( Novartis Pharmaceuticals...