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Posted July 01. 2013 4:45PM

Supreme Court rejects design defect end-around of Pliva v Mensing ruling

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In the last week of the its 2012-13 term, the Supreme Court spurned the First Circuit’s attempt to circumvent the Court’s 2011 decision in PLIVA, Inc. v. Mensing, which immunized generic manufacturers from liability based on state “failure to warn” claims on federal preemption grounds.