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Expert Analysis

Rejecting Brand-Liability Theory Post-Mensing

Law360, New York (December 19, 2011, 6:48 PM EST) -- On Sept. 22, 2011, the U.S. Court of Appeals for the Sixth Circuit ruled in Smith v. Wyeth Inc. that former brand manufacturers of Reglan — a prescription drug used to treat certain gastric disorders — could not be held liable for injuries caused by their competitors' generic versions of the drug. On Nov. 22, 2011, the court denied plaintiffs' petition for rehearing en banc....

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