9th Circ. Rules On Preemption In Generics Case

Law360, New York (January 24, 2011, 4:35 PM EST) -- Finding that state law duty-to-warn claims are not preempted by federal law, the Ninth Circuit on Monday revived a lawsuit filed by a California mother whose 11-year-old son suffered liver failure after he was given generic ibuprofen.

The U.S. Court of Appeals for the Ninth Circuit reversed and remanded a dismissal of Margarita Gaeta's suit against generic-drug maker Perrigo Co., ruling for the first time on preemption in failure-to-warn cases as it applied to generics manufacturers and agreeing with two other circuits that have also ruled...
To view the full article, register now.
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.