Preemption May Yet Doom State-Law Reglan Claims

Law360, Philadelphia (August 2, 2013, 6:58 PM EDT) -- Despite a Pennsylvania appeals court's decision finding that certain claims in nearly 2,000 Reglan-related lawsuits were not preempted under the U.S. Supreme Court’s Pliva Inc. v. Mensing ruling, experts said Friday that federal preemption still could result in many cases getting axed after analysis under individual state laws.

The Pennsylvania Superior Court handed an initial victory to plaintiffs after making a broad finding that most allegations regarding generic versions of the digestive drug Reglan based on design defect, negligence, false advertising, breach of warranties and other...
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