A Narrow Exception To The Mensing Preemption Defense
Law360, New York (April 4, 2013, 12:57 PM EDT) -- The Sixth Circuit recently held that a failure-to-warn claim could proceed against a generic manufacturer that had failed to timely follow the brand-name label. Fulgenzi v. Pliva Inc., Case No. 12-3504 (6th Cir. March 13, 2013). In doing so, the court created a narrow exception to the preemption defense established by Pliva Inc. v. Mensing, 131 S. Ct. 2567 (2011).
Liability for Generic Manufacturers After Mensing
In Mensing¸ the U.S. Supreme Court held that failure-to-warn claims against generic drug manufacturers were preempted because it was impossible...