Trio of Favorable Preemption Decisions for New Jersey Pharmaceutical Companies
A trio of recent preemption decisions – from the United States Supreme Court, the United States District Court for the District of New Jersey, and the Superior Court of New Jersey – are good news for pharmaceutical companies facing product liability suits in New Jersey.
First, in Mutual Pharmaceutical Co. v. Barlett, the United States Supreme Court issued an important ruling (copy available here) on several critical issues affecting product liability suits against generic pharmaceutical manufacturers. Bartlett involved claims by a woman that alleged she suffered permanent and disfiguring injuries after ingesting a generic version of the nonsteroidal anti-inflammatory drug sulindac.
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