High Court Vacates Generics Preemption Ruling

Law360, New York (October 31, 2011, 12:39 PM EDT) -- The U.S. Supreme Court on Monday vacated a Ninth Circuit decision finding a state law duty-to-warn suit over generic ibuprofen was not preempted by federal law, citing a recent decision that lawyers have said could hobble suits against generics makers.

Remanding the dispute to the Ninth Circuit, the high court asked it to reconsider its ruling in light of the justices' June decision that state law failure-to-warn claims against generic-drug makers were preempted because the Hatch-Waxman Amendments require generics to use the same warnings as brand-name...
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