DEMAHY v. ACTAVIS, INC.

No. 08-31204.

593 F.3d 428 (2010)

Julie DEMAHY, Plaintiff-Appellee, v. ACTAVIS, INC., Individually and as Successor in Interest of Purepac Pharmaceutical Company, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 8, 2010.


Attorney(s) appearing for the Case

Kristine K. Sims, Brian Leonard Glorioso, Richard Alvin Tonry, II, Tonry, Brinson & Glorioso, Slidell, LA, Louis M. Bograd (argued), Center for Constitutional Lit., P.C., Washington, DC, for Plaintiff-Appellee.

Richard A. Dean (argued), Irene Childress Keyse-Walker, Kristen Lepke Mayer, Tucker, Ellis & West, LLP, Cleveland, OH, Elizabeth Haecker Ryan, Lemle & Kelleher, L.L.P., New Orleans, LA, for Defendant-Appellant.

Joseph P. Thomas, Linda E. Maichl, Ulmer & Berne, L.L.P., Cincinnati, OH, for Pliva, Inc., Amicus Curiae.

Before KING, HIGGINBOTHAM and CLEMENT, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

This case presents one issue on appeal: whether the federal regulatory regime governing pharmaceuticals preempts state-law failure-to-warn claims against manufacturers of generic drugs. The Supreme Court held, in Wyeth v. Levine, that such claims are not preempted against name brand drug manufacturers.1 While not directing our result, it shadows our...

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