Tuesday, March 19, 2013

The Supreme Court, preemption and generic drug manufacturers

The big news in torts today was the oral argument before the US Supreme Court in Mutual Pharmaceutical v. Bartlett which asks the Court to decide whether a generic drug maker can be held liable for a design defect. I wrote about the case a few days ago here

You can access the transcript of the oral argument here.  For comments you can go to Bloomberg, Thomson Reuters, AP, AboutLawsuits.com and Drug and Device blog.

According to the report by AP, "The Supreme Court seemed skeptical Tuesday of allowing generic drug manufacturers to be sued in state court for a drug's design defects if federal officials approved the brand-name version the generic drug copied."

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