Case Stayed Pending High Court Ruling on Preemption Issue

BATON ROUGE, La. - A Louisiana federal magistrate judge has stayed a metoclopramide injury case pending a U.S. Supreme Court ruling on the issue of whether inadequate warning/labeling claims brought against generic drug manufacturers are preempted by federal regulations. Morris v. Wyeth Inc., et al., No. 09-00854 (W. D. La.).

In a Jan. 27 order, Magistrate Judge Karen L. Hayes of the U.S. District Court for the Western District of Louisiana explained that a stay is warranted because if the Supreme Court decides that the claims are preempted, it would eliminate one or more theories of recovery and could reduce …