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Drugs & Medical Devices

From Conservative Court to Activist Court in One Decision

— February 21, 2013

When is a conservative court not a conservative court?  When it expands tort liability, apparently:

Last month, in Wyeth v. Weeks, the Alabama Supreme Court adopted an aggressive new theory of tort liability that threatens to return Alabama to a litigation era so hostile to business and industry that the state was dubbed “Tort Hell.”

In Weeks, the Court held, over Justice Glenn Murdock’s 46-page dissent, that “[u]nder Alabama law, a brand-name drug company may be held liable for fraud or misrepresentation…by a plaintiff claiming physical injury caused by a generic drug manufactured by a different company.” Translation: In Alabama, a company can be held liable for injuries caused by the use of its competitors’ products.

From: Activist Alabama Supreme Court Radically Expands Tort Liability

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