Lawyers React To High Court's Generic-Drug Liability Ruling

Law360, New York (June 24, 2013, 7:46 PM EDT) -- The U.S. Supreme Court ruled 5-4 Monday that users of generic drugs cannot bring state-law design defect claims against generics makers because the manufacturers cannot change a drug's design under federal law. Here, attorneys tell Law360 why the ruling is significant.

Susan Burnett, Bowman and Brooke LLP

"By one vote, the court declined to radically expand the notion of strict liability to encompass state law claims that a product maker must either exit the market or become an insurer against harm and rejected the dissenting justices' view that these two options make it 'possible' to comply with both state and federal...

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