Thoughts on issue of preemption of claims by generic drug manufacturers

A couple of months ago, the Supreme Court heard oral arguments on PLIVA v. Mensing (09-993), Actavis v. Mensing (09-1039), and Actavis v. Demahy (09-1501) on the right to sue in state court when a generic drug maker fails to change its label to warn consumers of new harmful side-effects. Go here for some background information on the cases and here for a comment on the oral argument (both links will lead you to even more links for lots of information.)

Now that the Supreme Court should be getting ready to publish its opinion, the Drug and Device Law Blog has now published another comment on the case here.