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Fifth Circuit, joining Eighth Circuit, holds consumers’ “failure to warn” claims against generic-drug makers not preempted by federal law

  • Mayer Brown LLP
  • -
  • USA
  • -
  • January 25 2010

The US Court of Appeals for the Fifth Circuit has held that a consumer’s state law "failure to warn" claims against a generic-drug manufacturer are not impliedly preempted by federal law

US Eighth Circuit affirms federal preemption finding in Sprint Fidelis Lead's product liability litigation

  • Mayer Brown LLP
  • -
  • USA
  • -
  • October 28 2010

The US Court of Appeals for the Eighth Circuit has affirmed the dismissal of a suit brought against the manufacturer of the Sprint Fidelis Lead, a medical device that transmits electrical signals between an implantable cardiac defibrillator and the heart

US FDA argues that state-law failure-to-warn claims against generic drug manufacturers are not preempted by federal law

  • Mayer Brown LLP
  • -
  • USA
  • -
  • November 12 2010

The Food, Drug, and Cosmetic Act (FDCA), 21 U.S.C. 301 et seq., sets out a complex regulatory framework for the labeling and approval of drugs

US Seventh Circuit rejects federal preemption defense for manufacturers of Paxil

  • Mayer Brown LLP
  • -
  • USA
  • -
  • March 2 2010

The US Seventh Circuit Court of Appeals has held that failure-to-warn claims against the manufacturer of the prescription antidepressant Paxil are not preempted by federal law

US Supreme Court to decide whether federal law preempts state-law failure-to-warn claims against generic drug manufacturers

  • Mayer Brown LLP
  • -
  • USA
  • -
  • December 14 2010

The Federal Food, Drug, and Cosmetic Act (“FDCA”), 21 U.S.C. 301 et seq., sets out the process through which generic drug manufacturers receive approval to market their products