Rejecting Brand-Liability Theory Post-Mensing

Law360, New York (December 19, 2011, 6:48 PM EST) -- On Sept. 22, 2011, the U.S. Court of Appeals for the Sixth Circuit ruled in Smith v. Wyeth Inc. that former brand manufacturers of Reglan — a prescription drug used to treat certain gastric disorders — could not be held liable for injuries caused by their competitors’ generic versions of the drug. On Nov. 22, 2011, the court denied plaintiffs’ petition for rehearing en banc.

In doing so, the Sixth Circuit became the first appellate court to address, and reject, the argument that the U.S. Supreme Court’s recent preemption decision in Pliva v. Mensing (2011) either altered state law claims against...

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