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FULGENZI v. PLIVA, INC.

No. 12-3504.

711 F.3d 578 (2013)

Eleanor FULGENZI, Plaintiff-Appellant, v. PLIVA, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 13, 2013.

Attorney(s) appearing for the Case

ARGUED: Louis M. Bograd , Center for Constitutional Litigation, P.C., Washington, D.C., for Appellant. Jeffrey F. Peck , Ulmer Berne LLP, Cincinnati, Ohio, for Appellee. ON BRIEF: Louis M. Bograd , Center for Constitutional Litigation, P.C., Washington, D.C., Richard W. Schulte , Behnke, Martin & Schulte, LLC, Vandalia, Ohio, for Appellant. Jeffrey F. Peck , Linda E. Maichl , Joseph P. Thomas , Ulmer Berne LLP, Cincinnati, Ohio, for Appellee.

Before: BOGGS and WHITE, Circuit Judges; and McCALLA, District Judge.

OPINION

BOGGS, Circuit Judge.

This case involves a state tort suit brought by Eleanor Fulgenzi against the generic-drug manufacturer PLIVA, Inc., for failure to adequately warn of the risks of developing tardive dyskinesia from extended treatment with metoclopramide. The question is whether the Food, Drug, and Cosmetic Act preempts such suits. In 2009, the Supreme Court held that with respect to branded drug...

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