Another Case Highlights Ambiguity Of Pharma Liability

Law360, New York (October 22, 2012, 2:58 PM EDT) -- The U.S. District Court for the Eastern District of Louisiana recently denied two motions for reconsideration in Whitener v. Pliva Inc., No. 10-1551 (E.D. La. Sept. 10, 2012), a pharmaceutical products liability action filed against PLIVA Inc., Barr Laboratories Inc. and Teva Pharmceuticals USA Inc.

Judge Eldon Fallon held that the plaintiffs’ parallel state law claims were not preempted by the U.S. Supreme Court’s decision in PLIVA Inc. v. Mensing, 131 S. Ct. 2567 (2011) and found there to be a “fundamental distinction between this case...
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