The Supreme Court has ruled in Pliva, Inc. v. Mensing, 131 S. Ct. 2567 (2011), that state-law failure-to-warn claims against generic drug manufacturers are preempted. The Court split 5-4 in ascertaining congressional intent; all nine justices agreed, however, that the outcome in this case “makes little sense.”

CCL’s Louis M. Bograd was lead counsel for respondents. The New York Times has early coverage.