Ark. Generic Drug Claim Sent Back For Consideration In Wake Of Bartlett

Ark. Generic Drug Claim Sent Back For Consideration In Wake Of Bartlett

ST. LOUIS - A panel of the Eighth Circuit U.S. Court of Appeals on July 15 reversed dismissal of a plaintiff's nonwarning design defect and breach of implied warranty claims in a metoclopramide case and remanded them for further proceedings in light of a recent U.S. Supreme Court ruling on preemption of generic drug design defect claims (Joyce Fullington v. Pfizer, Inc., et al., No. 12-2945, 8th Cir.; 2013 U.S. App. LEXIS 14193).

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