Court Denies Preemption Plea In Generic-Drug Case

Law360, New York (October 6, 2009, 5:46 PM EDT) -- In rejecting a bid by generic-drug divisions of pharmaceutical company URL Pharma Inc. to get state law tort claims over the anti-inflammatory Sulindac dismissed by arguing that the claims are preempted by federal law, a New Hampshire federal judge has joined the ranks of courts that have rejected the preemption argument in a generic-drug liability case.

Judge Joseph N. Laplante on Sept. 30 denied the defendant's motion to dismiss the case based on the federal preemption argument.

Pointing to the U.S. Supreme Court's March ruling in...
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