Mensing Update

Recently, we posted about the awaited decision from Judge Carol Higbee in response to the generic defendants’ motion to dismiss the plaintiffs’ claims in the consolidated litigation involving metoclopramide on the basis of the U.S. Supreme Court’s ruling last year in Pliva v. Mensing. 

While courts across the country continue to take up and decide this issue – including a very favorable opinion from Judge Danny Reeves in the multi-district litigation involving propoxyphene – generic pharmaceutical manufacturers continue to await a ruling from Judge Higbee. 

Elsewhere, legislators such as Senator Leahy have proposed legislation to undo the preemptive effect of the Mensing decision.

In the meantime, the growing body of case law from around the country continues to draw interest from commentators, including an interesting article written by M. Sean Laane and Kevin A. Kline of Arnold & Porter.

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