Supreme Court’s Pliva decision is another blow against trial lawyers

Published June 26, 2011 4:00am ET



Trial lawyers cannot sue drug manufacturers for defective warning labels on generics if labels were approved by the U.S. Food and Drug Administration, according to the U.S. Supreme Court. The 5-4 Pliva v. Mensing decision announced last week was a defeat for class-action trial lawyers hoping to profit on litigation based on allegations that manufacturers violated state laws that aren’t pre-empted by federal laws or regulations.

The Supremacy Clause of the Constitution requires that so long as a federal law is constitutional, it pre-empts divergent state laws.

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