Life's been mostly good for generic drug manufacturers ever since Pliva v. Mensing, the U.S. Supreme Court's 2011 ruling that state law failure-to-warn claims against generics are preempted by federal labeling requirements. Mensing, however, didn't touch on state design defect laws, and now at least two courts have ruled that those design defect claims are not preempted.
Judge Sides with Plaintiff on Generic Preemption in Sandoz Case
The Litigation Daily
January 28, 2013
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