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.

Bartlett further insulates generic drug manufacturers...
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