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Ruling may save suits against generic drug makers 

By: Sylvia Hsieh
Published: May 9, 2012

Tags: drug litigation, failure to warn, Federal Food Drug and Cosmetic Act, federal preemption, generic drug litigation, generic drugs, PLIVA v. Mensing, preemption, product liability, Wyeth v. Levine

Since last year, when generic drug makers won a victory on the issue of federal preemption before the U.S. Supreme Court, lower courts have been dismissing cases against generic drug makers left and right.

But last week a federal appeals court issued a ruling that gives plaintiffs a long-awaited opening in those suits.

A drug by any other name? 

By: Kimberly Atkins
Published: March 30, 2011

Tags: drug litigation, generic drugs, metoclopramide, Supreme Court, tardive dyskinesia, Wyeth v. Levine

WASHINGTON – Two years after the U.S. Supreme Court ruled in Wyeth v. Levine that state law failure-to-warn claims against brand-name drug makers are not automatically preempted by federal law, the justices are considering whether that same rule applies to generic drug makers.

Federal law doesn’t preempt generic drug claims 

By: Pat Murphy
Published: January 25, 2011

Tags: drug litigation, failure to warn, preemption, product liability, Wyeth v. Levine

Federal law does not preempt state law failure-to-warn claims against the manufacturer of a generic version of ibuprofen, the 9th Circuit has ruled in reversing a summary judgment.

SCOTUS to decide on failure to warn drug suit preemption 

By: Kimberly Atkins
Published: December 13, 2010

Tags: drug litigation, federal preemption, Supreme Court, Wyeth v. Levine

The U.S. Supreme Court has agreed to decide whether state law tort suits against generic drug manufacturers alleging failure to warn and misrepresentation are preempted by federal law.

PREEMPTION 

By: Kimberly Atkins
Published: December 10, 2010

Tags: drug litigation, federal preemption, Supreme Court, Wyeth v. Levine

Are state law failure to warn suits against generic drug preempted by federal law?

See “Are failure-to-warn drug suits preempted?”

PLIVA. v. Mensing, No. 09-993; Actavis Elizabeth v. Mensing. No.09-1039 and Actavis v. Demahy, No. 09-1501 (consolidated) Certiorari granted Dec. 10, 2010. Ruling
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Supreme Court case could eviscerate consumer class actions 

By: Sylvia Hsieh
Published: August 31, 2010

Tags: arbitration, AT&T Mobility v. Concepcion, class actions, Federal Arbitration Act, preemption, Stolt-Nielson v. AnimalFeed International Corp., unconscionability, Wyeth v. Levine

Class action lawyers who represent consumers and employees are bracing themselves for the possible end of practice as they know it.

The cause of their anxiety: a U.S. Supreme Court case that has garnered little attention but could wipe out class actions involving consumer contracts or employment agreements that contain arbitration provisions.

Redux claims not preempted 

By: Pat Murphy
Published: August 19, 2010

Tags: FDA, Food and Drug Administration, negligence, preemption, Redux, Wyeth, Wyeth v. Levine

Negligence claims regarding Redux are not preempted insofar as they relate to the manufacturer’s conduct before the Food and Drug Administration approved the diet drug, the 6th Circuit has ruled in reversing a summary judgment.

Claim against generic drug maker not preempted 

By: Sylvia Hsieh
Published: April 2, 2010

Tags: drug litigation, failure to warn, fluoxetine, Food and Drug Administration, Prozac, Wyeth v. Levine

Failure-to-warn claims against a generic drug maker are not preempted by the FDA’s drug labeling scheme, a U.S. District Court in California has ruled.

Paxil suicide claims not preempted 

By: Correy Stephenson
Published: February 24, 2010

Tags: drug litigation, failure to warn, federal preemption, Paxil, Wyeth v. Levine

A plaintiff’s Paxil suicide claims are not preempted, the 7th Circuit has ruled in reversing summary judgment for the drug manufacturer.

Drug litigation preview 

By: Nora Tooher
Published: January 14, 2010

Tags: Avandia, Botox, Digitek, drug litigation, FDA, Food and Drug Administration, hormone replacement therapy, Neurontin, off-label uses, preemption, Prempro, Vioxx, whistleblower, Wyeth v. Levine

Plaintiffs’ lawyers are gearing up for a slew of pharmaceutical product liability trials in 2010.

While no case has the magnitude of the massive $4.85 billion Vioxx settlement in 2007, the trials represent a welcome return to courtroom action on the pharmaceutical front for plaintiffs’ lawyers.