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Searching Content indexed under Food and Drugs Law by Sharon Caffrey ordered by Published Date Descending.
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Fifth Circuit Concludes That U.S. Supreme Court's "Fraud-On-The-FDA" Federal Preemption Precedent Has Broad Application
The defendant drug manufacturer asserted as an affirmative defense the rebuttable presumption that it had complied with all U.S. Food and Drug Administration (FDA) requirements governing its product's labeling.
United States
8 Mar 2012
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U.S. Supreme Court Holds That State-Law-Based Failure-to-Warn Claims Are Federally Preempted Against Generic Drug Manufacturers
On June 23, 2011, the U.S. Supreme Court issued a decision in Pliva, Inc. v. Mensing, holding that state-law claims against generic drug manufacturers are federally preempted pursuant to the Supremacy Clause of the U.S. Constitution.
United States
27 Jun 2011
3
Federal Government to Provide Its Position on Generic Preemption to the U.S. Supreme Court
Following the U.S. Supreme Court's March 2009 landmark decision in Wyeth v. Levine, state and federal courts have struggled with how to apply "Levine" to failure-to-warn products liability claims against generic pharmaceutical manufacturers.
United States
5 Aug 2010
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