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Supreme Court to consider preemption in generic drug case

Without a circuit conflict to resolve and against the advice of the U.S. Solicitor General’s Office, the Supreme Court has agreed to determine whether state law products liability claims against generic drug makers are preempted by federal law. The Court’s 2009 holding in Wyeth v. Levine finding no preemption in name-brand drug cases “would be substantially undermined if [the Court] held that it did not apply to generic manufacturers,” said Lou Bograd of the Center for Constitutional Litigation, who represents the plaintiffs.

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