Darvocet Plaintiffs Can't Take Generics Dismissal To 6th Circ.

Law360, New York (April 27, 2012, 9:50 PM EDT) -- A Kentucky federal judge on Friday refused to certify a Sixth Circuit appeal of an order dismissing claims against most generic-drug manufacturers in the massive multidistrict litigation over injuries tied to painkillers Darvocet, Darvon and their generic equivalents, finding the appeal overbroad.

U.S. District Judge Danny C. Reeves refused to certify for appeal his March 5 interlocutory order, which had cited the U.S. Supreme Court’s recent ruling in Pliva Inc. v. Gladys Mensing that state-law failure-to-warn claims against generics were preempted by federal law.

Noting that...
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