Gayle DIETRICH and William H. Dietrich, Appellants,
v.
ACTAVIS, INC.; Actavis Elizabeth, LLC; Actavis Mid-Atlantic, LLC; and Pliva, Inc., Appellees.
District Court of Appeal of Florida, Fourth District.https://leagle.com/images/logo.png
May 21, 2014.
May 21, 2014.
Attorney(s) appearing for the Case
David J. Sales of David J. Sales, P.A., Jupiter, for appellants.
Richard A. Dean of Tucker Ellis LLP, Cleveland, Ohio, and Ethen R. Shapiro of Hill Ward Henderson, P.A., Tampa, for appellees Actavis, Inc., Actavis Elizabeth, LLC, and Actavis Mid-Atlantic, LLC.
Rex A. Littrell of Ulmer & Berne LLP, Columbus, Ohio, Jeffrey F. Peck of Ulmer & Berne LLP, Cincinnati, Ohio, and Steven J. Rothman of Jones, Foster, Johnston & Stubbs, P.A., West Palm Beach, for appellee PLIVA, Inc.
District Court of Appeal of Florida, Fourth District.
PER CURIAM.
Affirmed. See PLIVA, Inc. v. Mensing, ___ U.S. ___, ___, 131 S.Ct. 2567, 2577, 180 L.Ed.2d 580 (2011) (holding federal law prevents a generic drug manufacturer from "independently changing" its safety labels to provide additional warnings); Morris v. PLIVA, Inc.,713 F.3d 774, 777 (5th Cir.2013) (extending Mensing's holding so as to foreclose state tort claims based...
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