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February 7th, 2013

New Criticism of Horrible Alabama Supreme Court Decision

A new analysis of that horrible drugmaker liability decision by the Alabama Supreme Court last month shows that the decision is not only out of step with virtually all of American tort law, but also is predicated on unsound public policy.

Published online today by the Washington Legal Foundation, “Alabama Court’s Blame-Shifting Pharma Decision Will Have Serious Side Effects,” by Victor Schwartz, Phil Goldberg and Cary Silverman of Shook, Hardy & Bacon LLP, is critical of the Alabama high court’s reasoning in Wyeth Inc. v. Weeks which held that Wyeth could be subject to liability for harms caused by a product made by a generic competitor.

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