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Health Care & Hospital Law

Jan. 26, 2011

9th Circuit Reinforces Drug Rules

A unanimous 9th U.S. Circuit Court of Appeals panel ruled Monday that federal law does not preempt state law failure-to-warn claims against a generic drug manufacturer, reversing a ruling by James Ware, the new chief judge of the Northern District.


By Rebecca Beyer


Daily Journal Staff Writer


SAN FRANCISCO - A unanimous 9th U.S. Circuit Court of Appeals panel ruled Monday federal law does not preempt state law failure-to-warn claims against a generic drug manufacturer, reversing a ruling by James Ware, the new chief judge of the Northern District.


The decision reinforces the idea generic drug manufacturers have the same legal responsibilities as brand-name drug makers to provide adequate ...

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