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Supreme Court to hear post-Mensing generic drug case

Alyssa E. Lambert

The Supreme Court agreed to consider whether federal law preempts state products liability claims that allege design defects against generic drug manufacturers in a case that could further impede plaintiffs’ ability to bring similar lawsuits and hold these companies accountable. The First Circuit’s ruling in Mutual Pharmaceutical Co., Inc. v. Bartlett is the only appellate decision to tackle the design defect issue since the Court preempted failure-to-warn claims in Pliva, Inc. v. Mensing, so plaintiff attorneys will be closely watching the outcome.

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