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TEVA PHARMACEUTICALS USA, INC. v. SUPERIOR COURT

No. G047134.

217 Cal.App.4th 96 (2013)

158 Cal. Rptr. 3d 150

TEVA PHARMACEUTICALS USA, INC., et al., Petitioners, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; OLGA PIKERIE, Real Party in Interest.

Court of Appeals of California, Fourth District, Division Three.

June 13, 2013.

Attorney(s) appearing for the Case

Horvitz & Levy, Jon B. Eisenberg ; Goodwin Procter , Steven A. Ellis ; and Michael D. Shumsky for Petitioners Teva Pharmaceuticals USA, Inc., Barr Pharmaceuticals LLC, and Barr Laboratories, Inc.

Shook, Hardy & Bacon, Michelle M. Fujimoto and Eva M. Weiler for Petitioner Mylan Pharmaceuticals, Inc.

The Yocca Law Firm, Mark W. Yocca and Jared Glicksman for Petitioners Caraco Pharmaceutical Laboratories, Ltd., and Sun Pharmaceutical Industries, Inc.

Lewis Brisbois Bisgaard & Smith and Pamela M. Ferguson for Petitioner NorthStar Rx LLC.

No appearance for Respondent.

Robinson Calcagnie   Robinson Shapiro Davis , Mark P. Robinson, Jr. , Robert M. Partain , Karen B. Menzies ; Skikos, Crawford, Skikos & Joseph, Steven J. Skikos and Mark G. Crawford for Real Party in Interest.

OPINION

FYBEL, J. —

INTRODUCTION

Plaintiff suffered injuries, allegedly as a result of ingesting a brand-name drug and its generic equivalents. She sued the manufacturers of both the brand-name drug and its generic equivalents. Although plaintiff asserts 11 separate causes of action, the gist of her claims against all defendants is the same — they failed to produce a safe product, failed to adequately warn plaintiff of...

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