Two Firsts In Post-Mensing Litigation

Law360, New York (December 9, 2011, 3:34 PM EST) -- In a post-Mensing world, plaintiffs — faced with almost certain dismissal of any claim based on labeling, promotion or warnings — are scrambling to re-define their claims against generic drug manufacturers.

They are most certainly looking for their port in a storm. We are keeping track of post-Mensing generic drug preemption decisions — an ever-growing list of dismissals of failure-to-warn claims.

Today, however, our focus is on how Mensing is being applied to some of plaintiffs’ “alternate” theories of liability. So we bring you two cases...
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