Tag: Brand-Name Drugs

Take Two: Missouri Court Looks Past Mensing Pre-Emption in a Claim Against a Generic Drug Manufacturer and Rejects Innovator Liability for Brand-Name Drug Manufacturers

9/5/14

By: Gautam Y. Reddy

The liability of brand-name and generic drug manufacturers regarding failure to warn claims continues to be a hot button issue in state courts across the country. Just two weeks ago, we wrote about how the Alabama …

A Rose By Any Other Name: Alabama Supreme Court Denies Creating Tort of Innovator Liability for Brand-Name Drug Manufacturers, But Its Decision Creates A Pathway for Innovator Liability for Brand-Name Drug Manufacturers

8/21/14

By: Michael P. Bruyere and Michael J. Eshman
After the U.S. Supreme Court’s decision in Pliva, Inc. v. Mensing, 131 S. Ct. 2567 (2011) holding that a generic drug manufacturer generally cannot be liable for a failure-to-warn state law …