On March 7, CCL filed a reply brief on behalf of plaintiff Shirley Brinkley before the U.S. Court of Appeals for the Eighth Circuit in Brinkley v. Pliva, Inc. The central issue on appeal in Brinkley is whether a generic drug manufacturer may be held liable for failure to warn when a person is injured as a result of its failure to provide her physician with warnings that the FDA has already approved for the equivalent brand-name product. Pliva failed to provide an FDA-approved warning that treatment with metoclopramide should not exceed 12 weeks, leading to Ms. Brinkley’s injuries. In the brief, CCL Chief Litigation Counsel Louis Bograd replied to Pliva’s arguments that such allegations failed to state a claim under Missouri law and were preempted by federal law, as well as Pliva’s argument that its failure to warn was not the proximate cause of plaintiff’s injuries. The Court of Appeals is expected to hear argument on this appeal in the next few months.