6th Circ. Says Pliva Failure-To-Warn Claims Not Preempted

Law360, New York (March 13, 2013, 4:08 PM EDT) -- The Sixth Circuit on Wednesday said federal law does not preempt a state tort suit alleging generic-drug maker Pliva Inc. failed to warn consumers about health risks associated with anti-nausea drug metoclopramide, and reversed a lower court’s dismissal of the case.

A district court in March 2012 rejected plaintiff Eleanor Fulgenzi’s claims that the warnings — which allegedly were not updated by Pliva after the brand-name manufacturer did so — were inadequate under Ohio law, finding that the claims were barred under the U.S. Supreme Court’s...
To view the full article, register now.

UK Financial Services

UK Financial Services

Read Our Latest UK Financial Services Coverage

Financial Services Law360 UK provides breaking news and analysis on the financial sector. Coverage includes UK and European Union policy, enforcement, and litigation involving banks, asset management firms, and other financial services organizations.