The Gift That Keeps On Giving (To Defendants)

Law360, New York (December 20, 2013, 6:04 PM EST) -- On Dec. 2, 2013, the Sixth Circuit joined a number of its sister courts and broadly applied PLIVA v. Mensing, further stifling the ability to maintain claims against generic drug manufacturers on a failure-to-warn theory. In so doing, the Sixth Circuit added another nugget to defendants' ever-growing Mensing goldmine.

When the U.S. Supreme Court decided Mensing in 2011, and held that state law failure-to-warn claims against generic drug manufacturers were preempted by federal law, defendant drug manufacturers knew they had won a major victory. But the...
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