Judge Dismisses Metoclopramide Suit in Light of Pliva v. Mensing

LAFAYETTE, La. - A failure-to-warn claim brought against the maker of generic Reglan is preempted by federal law, a Louisiana federal judge has ruled, citing the U.S. Supreme Court's recent ruling in Pliva v. Mensing, which states that such claims against generic drug makers are preempted. Guilbeau v. Wyeth Inc., et al., No. 09-1652 (W.D. La.).

In granting Teva Pharmaceuticals Inc.'s motion for summary judgment on Oct. 14, Judge Tucker L. Melancon of the U.S. District Court for the Western District of Louisiana ruled that the plaintiff's entire complaint should be dismissed because it only properly pleads a claim of …