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U.S. Supreme Court To Decide Whether Claims About Generic Drugs Are Preempted

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 , No. 09-993, and Actavis Elizabeth, LLC v. Gladys...

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...

Supreme Court: Can Generic Drug Maker Be Sued Over Labels?

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. Federal laws require generic drugs to have the...

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...

Duane Morris Alert: Supreme Court Orders 9th Circuit to Revisit Preemption Ruling Against Generic OTC Ibuprofen Manufacturer

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 potentially presents an opportunity for the Supreme...

5th Circuit: Mensing Doesn't Make Brand-Name Defendants Liable For Injuries

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 panel ruled Oct. 25 ( Julie Demahy v. Schwarz Pharma...

High Court Will Consider Whether Reverse-Payment Settlements Are Anti-Competitive

WASHINGTON, D.C. — (Mealey's) The Supreme Court on Dec. 7 granted the Federal Trade Commission’s petition for a writ of certiorari seeking consideration of whether reverse-payment settlements of patent litigation between the holder of a drug patent and generic manufacturers of the drug...

Alabama High Court Says Wyeth Can Be Liable For Injuries Caused By Generic Drug

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 version of the drug made by other manufacturers ...

U.S. High Court Allows Solicitor General To Argue For Drug Design Defect Preemption

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 motion to participate in oral arguments ( Mutual...

Alabama High Court Again Says Brand-Name Drug Makers Liable In Generic Injury Case

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 in a Reglan/metoclopramide case ( Wyeth, Inc...

Failure-To-Update Claims For Generic Drugs Not Preempted In New Jersey, Court Says

TRENTON, N.J. — (Mealey’s) A New Jersey state appeals court panel on Nov. 12 affirmed a lower court ruling that generic drug manufacturers can be sued for failure to update their labels with warnings added to the labels of the predecessor drug ( In Re: Reglan Litigation , No. A-2014-13T4...