Generic Preemption Issue At Play In 9th Circ.

Law360, New York (October 6, 2010, 4:22 PM EDT) -- Lawyers representing a mother who sued a maker of generic ibuprofen when her son developed liver failure argued before a California appeals court Wednesday that her state law claims should not be preempted by federal law, saying preemption would leave those injured by an inadequately labeled generic drug without any legal remedy.

At issue during the hearing before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit was whether Margarita Gaeta's state-law failure-to-warn claims against Perrigo Co. regarding its over-the-counter 200 mg...
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