Next On SCOTUS: A Significant Case For Drug Manufacturers

Law360, New York (January 17, 2013, 2:10 PM EST) -- Sometime in the next few months, the U.S. Supreme Court will hear arguments on the appeal of Mutual Pharmaceutical Co. v. Bartlett, 678 F.3d 30 (1st Cir. 2012), a First Circuit decision that dramatically narrowed the scope of the Supreme Court’s prior decision, Pliva v. Mensing, 113 S.Ct. 2567 (2011). The Bartlett appeal may have significant repercussions for generic drug manufacturers, who — for more than a year — have successfully relied on Mensing to insulate themselves from liability against product liability claims.

The Mensing Regime...
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