Defending Against Plaintiffs’ Strongest Arguments Against Generic Preemption

ACI's 19th Drug & Medical Device Conference

12/10/2014 10:45 a.m. - 11:20 a.m.

Life Sciences and Product Liability and Counseling

New York Marriott Marquis Hotel
1535 Broadway
New York, NY 10036

Erin M. Bosman

Erin M. Bosman

Speaking Engagement

  • Asserting a successful preemption defense and managing parallel claims in a post-Bartlett world
    • Overview of successful defense strategies in recent cases regarding parallel claims
    • Defending against parallel claims that aren’t deemed to be preempted
    • Understanding the significance of the “Footnote 4” potential exemption cases currently working their way through the Circuit Courts
    • Pleading standards post In re: Darvocet
  • Dissecting plaintiffs’ best arguments for getting around preemption and how the courts treated these arguments
  • Updates on legislative and FDA developments regarding generic labeling: what are the practical implications for both branded and generics based on Congress’ and FDA’s positions to date
    • What should prudent companies do in the years leading up to a potential change in preemption doctrine?
  • Utilizing an innovator liability theory when arguing for generic preemption

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