Post-Mensing Landscape A Wasteland For Plaintiffs

Law360, New York (June 25, 2012, 8:28 PM EDT) -- One year after the U.S. Supreme Court's landmark Mensing decision, product liability suits against generic-drug manufacturers are all but dead, as plaintiffs have failed again and again to find ways to hold companies liable without now-preempted failure-to-warn claims, attorneys say.

The high court ruled in June 2011 that state-law failure-to-warn allegations against generics manufacturers are preempted by federal law because generic drugs are required to have the same warning label as brand-name drugs.

Experts predicted that the ruling could wipe out personal injury claims against generics...
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