United States Fifth Circuit
Demahy v. Actavis, Inc., 08-31204
In an action based on injuries plaintiff allegedly sustained by taking defendant's drug, a denial of defendant's motion to dismiss is affirmed where the federal regulatory regime governing pharmaceuticals did not preempt state-law failure-to-warn claims against manufacturers of generic drugs.
Appellate Information
- Decided 01/11/2010
- Published 01/11/2010
Judges
- PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before KING, HIGGINBOTHAM, and CLEMENT, Circuit Judges.
Court
- United States Fifth Circuit