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Generics Makers Ask High Court For State Law Shield

Law360 (March 30, 2011, 5:39 PM EDT) -- Two generic-drug makers argued before the U.S. Supreme Court on Wednesday that because federal law required them to apply the same product labels as their branded counterparts, they should be protected from state failure-to-warn claims.

Jay P. Lefkowitz of Kirkland & Ellis LLP argued for petitioners Pliva Inc. and Actavis Inc. in three consolidated appeals, in which the high court will determine whether its 2009 landmark decision in Wyeth v. Levine, which held that federal regulations did not shield brand-name drugmakers from state law claims, applied...
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