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Expert Analysis

Defending Design Defect Claims? High Court Has Your Back

Law360, New York (June 28, 2013, 5:35 PM EDT) -- On June 24, 2013, the U.S. Supreme Court ruled 5-4 that under PLIVA Inc. v. Mensing (2011), state-law design defect claims against generic drug manufacturers that turn on the adequacy of a drug's warning are preempted by federal law. The court in Mutual Pharmaceutical Co. Inc. v. Bartlett — in a highly anticipated move — soundly rejected the First Circuit Court of Appeals' rationale that because Mutual could have opted to stop selling the drug, impossibility preemption did not apply....

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