Civil No. 08-cv-358-JL.

659 F.Supp.2d 279 (2009)

2009 DNH 144

Karen L. BARTLETT and Gregory S. Bartlett v. MUTUAL PHARMACEUTICAL COMPANY, INC., et al.

United States District Court, D. New Hampshire.

September 30, 2009.

Attorney(s) appearing for the Case

Bryan Ballew, Keith M. Jensen, Patrick J. O'Neal, Jensen Belew & Gonzalez PLLC, Fort Worth, TX, Christine M. Craig, Timothy P. Beaupre, Shaheen & Gordon, Dover, NH, for Plaintiff.

Jeffrey D. Geoppinger, Joseph P. Thomas, Linda E. Maichl, Paul J. Cosgrove, Ulmer & Berne LLP, Cincinnati, OH, Stephen J. Judge, Wadleigh Starr & Peters PLLC, Manchester, NH, for Defendant.


JOSEPH N. LAPLANTE, District Judge.

This case presents a question currently pending before three different federal courts of appeal: whether state-law tort claims alleging the defective labeling of generic drugs are preempted by federal law. See Morris v. Wyeth, Inc., No. 09-5509 (6th Cir. Apr. 27, 2009); Demahy v. Wyeth, Inc., No. 08-31204 (5th Cir. Dec. 16, 2008); Mensing v. Wyeth, Inc., No. 08-3850 (8th Cir. Dec. 10,...

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