McNair v. Johnson & Johnson
West Virginia Supreme Court
1Opinion of the Court
LOUGHRY, Justice:
This matter is before this Court upon a June 9, 2017, order of the United States *856Court of Appeals for the Fourth Circuit certifying the following question:
Whether West Virginia law permits a claim of failure to warn and negligent misrepresentation against a branded drug manufacturer when the drug ingested was produced by a generic manufacturer.
By order dated August 30, 2017, this Court accepted the certified question and docketed the matter for resolution.1 Upon review of the parties' briefs, arguments, the appendix record, and the pertinent law, we answer the certified…
Also in this document: Dissent.
2Cases cited50 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Gasperini v. Center for Humanities, Inc.Supreme Court of the United States · 1996
- Wyeth v. LevineSupreme Court of the United States · 2009
- PLIVA, Inc. v. MensingSupreme Court of the United States · 2011
- Suter v. San Angelo Foundry & MacHine CompanySupreme Court of New Jersey · 1979
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- Garnet Ann Davis v. Sagent Pharmaceuticals, Inc. and McKesson Medical-Surgical Inc.District Court, S.D. West Virginia · 2026
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