Court Denies Preemption Plea In Generic-Drug Case

Law360, New York (October 6, 2009, 5:46 PM EDT) -- In rejecting a bid by generic-drug divisions of pharmaceutical company URL Pharma Inc. to get state law tort claims over the anti-inflammatory Sulindac dismissed by arguing that the claims are preempted by federal law, a New Hampshire federal judge has joined the ranks of courts that have rejected the preemption argument in a generic-drug liability case.

Judge Joseph N. Laplante on Sept. 30 denied the defendant's motion to dismiss the case based on the federal preemption argument.

Pointing to the U.S. Supreme Court's March ruling in...
To view the full article, register now.




Case Information

Case Title

Bartlett et al v. Mutual Pharmaceutical Company, Inc. et al

Case Number



New Hampshire

Nature of Suit

Personal Inj. Prod. Liability


Joseph N. Laplante

Date Filed

August 28, 2008

Law Firms

Government Agencies

Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.