Prempro Plaintiffs Try To Block Preemption Defense

Law360, New York (June 3, 2010, 5:58 PM EDT) -- Plaintiffs in the multidistrict litigation over an alleged link between Prempro and breast cancer have asked the court to shut down the federal preemption defense of generic-drug makers Barr Pharmaceuticals LLC and Greenstone Ltd., saying it was ruled out by Wyeth v. Levine.

The two generics makers continue to argue that federal labeling law bars claims under state law, even though several courts have thrown out similar defenses, the plaintiffs said in a motion filed Wednesday in the U.S. District Court for the Eastern District of...
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