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 Supreme Court held that a brand-name manufacturer could be liable for injuries caused by ingestion…
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 claim because of its duty of sameness – to match the warning provided by the brand-name…
