High Court Preemption Ruling Would Hit Branded Cos. Hard

Law360, New York (May 23, 2011, 1:36 PM EDT) -- If the U.S. Supreme Court finds that generic-drug makers are not liable for state failure-to-warn claims in a case alleging that federal regulations shield generics makers from such allegations, lawsuits against the drugs' original manufacturers will increase as plaintiffs with diminished options search for a party to blame for their injuries, attorneys say.

The Supreme Court held oral arguments on March 30 in a trio of consolidated appeals in which the high court will determine whether its 2009 landmark decision in Wyeth v. Levine, which held...
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