Date : Apr 4, 2011
The U.S. Supreme Court heard arguments on March 30, 2011 on whether generic drug manufacturers are obligated to ask the Food and Drug Administration to add new warnings to drug labels, whether state law tort claims would be preempted by the bar against fraud-on-the-FDA claims, and whether Congress intended to give generic drug manufacturers immunity from lawsuits (Pliva, Inc., et al. v. Gladys Mensing, No. 09-993, Actavis Elizabeth LLC v. Gladys Mensing, No. 09-1039, Actavis, Inc. v. Julie Demahy, No. 09-1501, U.S. Sup.). The defendant drug manufacturers ask the Court to rule that the plaintiffs should not be allowed to bring failure-to-warn claims against them in state courts when those companies had complied with federal law. Meagher & Geer partners Mike Hutchens and Brad Lindeman serve as Minnesota counsel for Actavis Elizabeth. To learn more about the cases, click here.