Alabama Supreme Court

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August 15, 2014

According to the Alabama Supreme Court, “Under Alabama law, a brand-name drug company may be held liable for fraud or misrepresentation (by misstatement or omission), based on statements it made in connection with the manufacture of a brand-name prescription drug, by a plaintiff claiming physical injury caused by a generic drug manufactured by a different company.”

The Alabama Supreme Court’s opinion on rehearing reaffirmed its prior opinion that the generic drug company can be liable for a failure to warn claim by consumer of a generic drug.

Amicus brief filed 12/12/2011. Decided 1/11/13.

Amicus brief in support of rehearingfiled 2/18/13. Notice to Parties re Mutual Pharmaceutical v. Bartlett sent 6/27/2013. Supplemental amicus brief on rehearing filed 8/1/13. Decided 8/15/2014.

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