By Matt Fair (September 4, 2013, 6:38 PM EDT) -- Teva Pharmaceutical USA Inc. pressed the Pennsylvania Superior Court last Tuesday for an en banc rehearing after a July ruling found that thousands of product liability claims stemming from use of generic Reglan were not preempted by the U.S. Supreme Court's decision in Pliva Inc. v. Mensing.
The drugmaker said the Superior Court's split decision — which allowed most allegations regarding the drug to stand despite Mensing's finding that state-law failure-to-warn claims against generic-drug makers were preempted by federal law requiring generics to use the same warning labels as their name-brand counterparts — missed the mark on multiple points.
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