Mutual Pharmaceutical Co. v. Bartlett and Its Implications

The United States Law Week (BNA), Vol. 82, pp. 1-18, 2013

19 Pages Posted: 10 Nov 2013 Last revised: 19 Nov 2013

See all articles by Brian Wolfman

Brian Wolfman

Georgetown University Law Center

Anne King

Georgetown University - Institute for Public Representation

Date Written: November 5, 2013

Abstract

The authors state that the U.S. Supreme Court’s preemption ruling in Mutual Pharmaceutical Co. v. Bartlett, which generally shields generic drug manufacturers from state-law damages liability for design-defect claims, may also have broader implications for preemption jurisprudence. In this article they describe the Supreme Court’s decision in Mutual and evaluate how it may affect future products-liability litigation.

Part I provides an overview of the case’s factual background and of federal generic drug regulation, while Part II discusses the Court’s majority opinion and the dissents. Part III analyzes the implications of the decision, offering ideas on how plaintiffs injured by defective or mislabeled generic prescription drugs may seek compensation after Mutual and how federal regulators and Congress may respond. Part III also briefly assesses Mutual’s potential impact on federal preemption doctrine.

Keywords: Supreme Court, preemption, Mutual Pharmaceutical Co. v. Bartlett, tort, consumer law, litigation

JEL Classification: K00, K30, K39

Suggested Citation

Wolfman, Brian and King, Anne, Mutual Pharmaceutical Co. v. Bartlett and Its Implications (November 5, 2013). The United States Law Week (BNA), Vol. 82, pp. 1-18, 2013. Available at SSRN: https://ssrn.com/abstract=2350930

Brian Wolfman (Contact Author)

Georgetown University Law Center ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States

Anne King

Georgetown University - Institute for Public Representation

600 New Jersey Avenue N.W.
Washington, DC 20001
United States

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