9th Circ. Rules On Preemption In Generics Case

Law360, New York (January 24, 2011, 4:35 PM EST) -- Finding that state law duty-to-warn claims are not preempted by federal law, the Ninth Circuit on Monday revived a lawsuit filed by a California mother whose 11-year-old son suffered liver failure after he was given generic ibuprofen.

The U.S. Court of Appeals for the Ninth Circuit reversed and remanded a dismissal of Margarita Gaeta's suit against generic-drug maker Perrigo Co., ruling for the first time on preemption in failure-to-warn cases as it applied to generics manufacturers and agreeing with two other circuits that have also ruled...
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