High Court Won't Hear Pliva's Generic Preemption Case

By Sindhu Sundar (March 30, 2015, 12:21 PM EDT) -- The U.S. Supreme Court declined Monday to hear Pliva Inc.'s challenge to an Iowa Supreme Court ruling that found the high court's landmark Mensing ruling did not necessarily preempt failure-to-update labeling claims against generic-drug makers.

Pliva had sought to upend the Iowa court's finding that the Supreme Court's 2011 decision in Pliva v. Mensing — which foreclosed failure-to-warn claims against generic-drug makers — did not necessarily preempt claims about a generics maker's failure to update its warning labels.

The high court indicated in a short order that the petition was declined, without elaborating. The case stems from a suit by Theresa...

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