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Supreme Court takes up preemption in generic drug case

In a closely watched case, the Court is poised to decide whether consumers injured by generic drugs may bring failure-to-warn claims under state law. At oral argument last week, Louis Bograd of the Center for Constitutional Litigation, who argued for the plaintiffs, told the justices, “The central issue in this case is that [the manufacturers], in the face of considerable information that the warnings on their products were inadequate, did nothing.”

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