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Expert Analysis

Innovator Liability Finds Sweet Home In Ala.

Law360, New York (September 4, 2014, 12:52 PM EDT) -- Earlier this month, the Supreme Court of Alabama confirmed its January 2013 holding in Weeks v. Wyeth Inc. that manufacturers of brand drugs can be liable for injuries caused by generic drugs. Though the recent ruling puts Alabama in a very small minority of jurisdictions recognizing innovator liability, it still represents a state supreme court holding that exposes brand drug manufacturers to liability they had not previously known. The ruling will likely result in significant new filings by the plaintiffs' bar in Alabama and renewed arguments by them for other jurisdictions to follow Alabama's reasoning....

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