Products Liability Law Daily Wrap Up, SUPREME COURT DOCKET—Recent petitions and cases pending High Court review, (Apr 29, 2015)

The U.S. Supreme Court has denied review of one of three petitions filed by generic drug makers challenging a Pennsylvania Superior Court ruling that claims against them in a mass tort litigation involving metoclopramide, the generic equivalent of the brand name drug Reglan, were not preempted by the federal Food, Drug, and Cosmetic Act (FDCA). The drug makers had asserted that a conflict among the appellate circuits required resolution by the High Court. The drug makers had argued that in spite of the clarity of the High Court in Buckman, the lower courts are deeply divided over its scope, and the division has produced novel legal theories “designed to evade” the Supreme Court’s preemption rulings in Mensing and Bartlett. The petition asserted that the Pennsylvania Superior Court case deepens the divide in that it “conflicts with multiple federal appellate decisions holding that federal law preempts the same claims plaintiffs seek to pursue” (In re: Reglan®/Metoclopramide Litigation, Docket No. 14-711, cert. den. April 27, 2015).

For details about this and other petitions and cases pending before the U.S. Supreme Court, please consult this list of selected products liability cases awaiting decision during the 2014 term. The list has been updated to reflect this recent order and recent filings of party and amicus briefs. Granted and pending petitions are listed separately, along with a brief summary of the questions raised and status.

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