Ala. Ruling May Mark Post-Mensing Trend For Brand Liability

Law360, New York (January 11, 2013, 9:47 PM EST) -- The Alabama Supreme Court is the first court to expose brand-name drugmakers to liability for generic-drug usage since the U.S. Supreme Court's landmark Mensing decision, but it likely will not be the last, attorneys say, as judges look for ways to allow consumers allegedly injured by generic drugs a chance at recovery.

The U.S. Supreme Court's Mensing ruling in June 2011 appeared to all but foreclose users of generic drugs from recovering damages from the companies for injuries. The court found that failure-to-warn claims filed against...
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