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Did Pliva v. Mensing add another nail in the coffin for the Nevada Teva judgment?

We've already extensively covered why any reasonable appellate court is going to overturn the $500 million judgment against Teva and Baxter over a (now-criminally-charged) doctor's deliberate misuse of propofol. The Wall Street Journal reports that Jay Lefkowitz of Kirkland & Ellis, who successfully argued that federal law requires preemption of state failure-to-warn claims for generic drugs, given the lack of discretion that such generics have, in Pliva v. Mensing, now has another arrow in his quiver for overturning the earlier miscarriage of justice in Nevada. Alas, a lot of damage has already been done thanks to plaintiffs' lawyers putting profits ahead of people.

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.