Sunday, March 17, 2013
Court of Appeals for the 6th Circuit holds claim against generic drug manufacturer is not preempted
Just as the US Supreme Court gets ready to hear oral arguments on a new case on preemption issues involving a generic drug manufacturer, the Court of Appeals for the Sixth Circuit has issued a new opinion holding that "failure to update" claims are not preempted in a case involving a generic drug. The case is called Fulgenzi .v PLIVA and it is available here. Thomson Reuters has the story here. Drug and Device has a comment here.