Mutual Pharmaceutical Co. v. Bartlett
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|Case Term||OT 2012|
|Question Presented||Whether the First Circuit Court of Appeals erred when it created a circuit split and held – in clear conflict with this Court’s decisions in PLIVA v. Mensing, Riegel v. Medtronic, and Cipollone v. Liggett Group – that federal law does not preempt state law design-defect claims targeting generic pharmaceutical products because the conceded conflict between such claims and the federal laws governing generic pharmaceutical design allegedly can be avoided if the makers of generic pharmaceuticals simply stop making their products.|
|Lower Court's Decision|
Outcome - Reverse
This case was decided on 23 June, 2013.