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.

UK Financial Services

UK Financial Services

Read Our Latest UK Financial Services Coverage

Financial Services Law360 UK provides breaking news and analysis on the financial sector. Coverage includes UK and European Union policy, enforcement, and litigation involving banks, asset management firms, and other financial services organizations.