Failure to Warn Not Preempted in Drug Cases

Moody Law | Personal Injury Attorneys Mar 10, 2010

Product liability cases against manufacturers of generic drugs are not pre-empted by federal drug laws for failure to warn.  This effectively keeps cases against such manufacturers of purportedly dangerous drugs either in state court or under state law albeit in a federal courtroom, where a federal court decides the case based on state law.

Demahy v. Actavis, (U.S. 5th Cir. 2010).

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