High Court Could Upend Rare Post-Mensing Loss For Generics

Law360, New York (August 3, 2012, 8:49 PM EDT) -- Mutual Pharmaceutical Co. asked the U.S. Supreme Court on Tuesday to reverse the First Circuit's ruling that design defect claims can be leveled against generic-drug companies, a bid that could extinguish the most significant victory plaintiffs have had in suing generics makers since the high court's Mensing decision, experts say.

Mutual filed a petition for writ of certiorari with the high court, arguing the First Circuit erred when it ruled in May that state-law design defect claims against generics makers are not preempted by federal law...
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