The Supreme Court just decided Mutual Pharmaceutical Co. v. Bartlett, No. 12-142, slip op. (U.S. June 24, 2013). That, of course, is the generic drug case out of the First Circuit where that court had permitted the plaintiffs to recover on a “design defect” claim alleging that the drug should never have been sold at all, despite its FDA approval. The Supreme Court has held the claim to be preempted. Justice Alito writes the decision. It’s another 5-4 decision, which is closer than we expected, but a win is a win is a win.
More later when we’ve had a chance to digest it.