Tag Archives: mensing

The Sixth Circuit Applies Bartlett and Mensing to Preempt Claims Against Generic Drugmakers

It’s been more than two years since we reported on the appeal in the Darvocet MDL (In re: Darvocet, Darvon and Propoxyphene Products Liability Litigation, No. 11-md-2226-DCR, MDL 2226), which involves claims against generic manufacturers of a generic equivalent of the drug Darvon.  The biggest news is that the panel did not decide whether to … Continue Reading

Generic Drug Claims Completely Preemped under Mensing and Bartlett

In Strayhorn v. Wyeth Pharms., Inc., decided this Monday, the Sixth Circuit affirmed the complete dismissal of claims against makers of generic drugs under the Supreme Court’s decisions in PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011), and Mutual Pharmaceutical Co. v. Bartlett, 133 S. Ct. 2466 (2013).  Judge Gilman’s opinion reads those cases as … Continue Reading
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