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.