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Expert Analysis

Generic Drug Cos. Face Failure-To-Warn Claims In Calif.

Law360, New York (January 23, 2015, 4:41 PM EST) -- On Jan. 20, 2015, the U.S. Supreme Court declined to hear an appeal involving failure-to-warn claims against generic pharmaceutical manufacturers. Teva Pharms. USA Inc. v. Super. Ct., No. 13-956 (U.S. Jan. 20, 2015). This leaves intact the California Court of Appeal ruling and provides plaintiffs claiming injury from generic drugs with a trifecta of liability theories — failure to update, failure to communicate, and innovator liability....

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