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: How AppealingNinth Circuit holds that federal law does not preempt state law failure-to-warn claims against generic drug manufacturers
Full post as published by How Appealing on January 24, 2011 (boomark / email).
5th Circuit Case Says No Preemption in Generic Reglan Lawsuit
On January 8, 2010, the United States Court of Appeals for the Fifth Circuit held that state law failure to warn claims against generic drug manufacturers are not preempted by federal regulation...
Preemption Victory Against Generic Drug Manufacturers!
Congratulations on the valiant efforts of the legal team of The Public Justice Foundation and the Center for Constitutional Litigation (CCL) for winning a huge victory against generic drug manufacturers in the Mensing v...
Guest Post - More Musings on Mensing Will Conte Rear Its Ugly Head if Claims Against Generic Companies Are Preempted
What follows is a guest post from Kelly Savage Day of Sedgwick Detert. Kelly gets all the credit, and all the blame, for this post.************** As many of you know, earlier this week, the United States Supreme Court invited the Solicitor General (or for now Acting Solicitor General) to "express the view of the United States" in the Mensing case (Supreme Court Nos...
FDA Drug Regulation Preempts Failure-to-Warn Claim
The U.S. Court of Appeals for the Third Circuit ruled that the Food & Drug Administration's long history of regulating anti-depressants and its explicit rejection of a suicidality warning for the drugs Paxil and Zoloft preempts state-law based failure-to-warn claims...
November 2010 Georgia Reglan News
The U.S. Solicitor General has asked the U.S. Supreme Court to reject an appeal by pharmaceutical companies in a generic Reglan lawsuit, in a case known as the Mensing decison.The manufacturers of the generic Reglan, metoclopramide, are seeking a reversal of an appellate court decision that holds them liable for failing to warn patients about the risk of tardive dyskinesia, a rare movement disorder linked to the drug...
Supreme Court to hear 3 cases involving labeling of generic medicines
[JURIST] The US Supreme Court [official website; JURIST news archive] on Friday granted certiorari [order, PDF] in three cases related to the duty of generic drug manufacturers to list possible side effects on the labels of medicines they produce...
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