United States Ninth Circuit
Gaeta v. Perrigo Pharms. Co., 09-15001
In an action alleging state law failure-to-warn claims against a manufacturer of a generic version of ibuprofen, District Court's ruling that the claims were preempted under federal law is reversed where the U.S. Supreme Court subsequently decided Wyeth v. Levine, 129 S. Ct. 1187 (2009), and determined that state law failure-to-warn claims against brand name manufacturers are not preempted by federal law.
Appellate Information
- Argued 10/06/2010
- Decided 01/24/2011
- Published 01/24/2011
Judges
- Thompson
Court
- United States Ninth Circuit