On December 5, 2012, CCL Senior Litigation Counsel Louis Bograd argued the case of Morris v. Teva et al., before the United States Court of Appeals for the Fifth Circuit. Plaintiff Penny Morris developed tardive dyskinesia, a serious neurological disorder, as a result of her long-term use of the generic prescription drug metoclopramide manufactured by the defendants. In July 2004, the FDA approved a change to the label of Reglan, the brand-name form of metoclopramide, to add a bold-faced warning that “metoclopramide use should not exceed 12 weeks in duration.” Yet no manufacturer of metoclopramide ever communicated this new warning to Ms. Morris’s doctor, either through a Dear Doctor letter announcing the change or by publishing the revised warning in the Physician’s Desk Reference. The central issue in the Morris appeal is whether this failure to communicate a warning approved by the FDA distinguishes this case from Pliva, Inc. v. Mensing, in which the Supreme Court held that most failure-to-warn claims against generic drug manufacturers are preempted on grounds of impossibility. Here, federal law did not prohibit the defendants from notifying doctors of the new FDA-approved warning. Morris is one of a number of post-Mensing appeals currently being considered by various federal circuits.