The U.S. Supreme Court has agreed to decide whether federal law preempts state law design defect claims targeting generic pharmaceutical products.
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.
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 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.
Are state law failure to warn suits against generic drug preempted by federal law?
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
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.
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.
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.
A plaintiff’s Paxil suicide claims are not preempted, the 7th Circuit has ruled in reversing summary judgment for the drug manufacturer.