Trio Of Favorable Preemption Decisions For NJ Pharma Cos.

Law360, New York (August 21, 2013, 11:26 AM EDT) -- A trio of recent preemption decisions — from the U.S. Supreme Court, the U.S. District Court for the District of New Jersey and the New Jersey Superior Court, Atlantic and Cape May Counties — are good news for pharmaceutical companies facing product liability suits in New Jersey.

First, in Mutual Pharmaceutical Co. v. Barlett, the U.S. Supreme Court issued an important ruling (copy available here) on several critical issues affecting product liability suits against generic pharmaceutical manufacturers. Bartlett involved claims by a woman that alleged she suffered permanent and disfiguring injuries after ingesting a generic version of the nonsteroidal anti-inflammatory drug...

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