Failure to Warn Not Preempted in Drug Cases
Product liability cases against manufacturers of generic drugs are not pre-empted by federal drug laws for failure to warn. This effectively keeps cases against such manufacturers of purportedly dangerous drugs either in state court or under state law albeit in a federal courtroom, where a federal court decides the case based on state law.
Demahy v. Actavis, (U.S. 5th Cir. 2010).
