Genentech, Xoma Beat Raptiva Warning Suit In 6th Circ.

Law360, New York (September 6, 2012, 7:31 PM EDT) -- The Sixth Circuit on Thursday dismissed a failure-to-warn suit against biotech companies Genentech Inc. and Xoma (U.S.) LLC over psoriasis treatment Raptiva, saying federal law preempts state law fraud-on-the-U.S. Food and Drug Administration claims unless the FDA itself makes a fraud finding.

In a published decision, a three-judge panel ruled that a Michigan federal judge had made the correct decision based on precedent that the companies were entitled to immunity for Raptiva failure-to-warn claims under the Michigan Products Liability Act and that the statute's exceptions to this immunity were preempted by federal law.

"Because the allegations underlying [plaintiff Vicki Marsh's] argument...

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