· 6/13/2013
Teva Pharmaceuticals USA, Inc. v. Superior Court
Citations
- 217 Cal. App. 4th 96
- 158 Cal. Rptr. 3d 150
- 2013 WL 2646563
- 2013 Cal. App. LEXIS 470
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- relying on Fulgenzi to hold failure-to-warn claim not preempted when generic manufacturers of alendronate sodium did not mirror the branded Fosamax label
- relying on Fulgenzi to hold failure-to-warn claim not preempted when generic manufacturers of alendronate sodium did not mirror the branded Fosamax label
- federal preemption does not bar suit against a generic-brand-name manufacturer who failed to conform to a change in the brand-name manufacturer’s label
- after collecting and summarizing federal district court and state court cases reaching the same decision as the Sixth Circuit, California Court of Appeals expressly stated its disagreement with the Fifth Circuit
Source: CourtListener parenthetical corpus (CC0).
Judges: Fybel
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.