This Day On The Street
Continue to site
This account is pending registration confirmation. Please click on the link within the confirmation email previously sent you to complete registration.
Need a new registration confirmation email? Click here

Behind The Landmark Weeks Case

Prior to the win, over 70 courts across the country had sided with brand‑makers in similar cases.  Courts in only two states, California and Vermont, have allowed similar claims to proceed. Furthermore, the U.S. Supreme Court decision PLIVA, Inc. v. Mensing, issued in 2011, rejected a plaintiff's suit against generic drug makers for failing to warn about their products' risks.  That decision is based on federal preemption of state tort law.  Commentators agree that it forecloses claims against generic makers for inadequate warnings on drug labels.

"Alabamians injured by generic prescriptions now can hold the brand-maker accountable for understating the risks of the drug," Chris Hood explained.  "It is the right decision, and it stands on settled law of our state."

Alabama for decades has recognized that a person harmed by someone else's misrepresentation can sue that person even if the misrepresentation was made to a third party, not to the person actually harmed by it.  Weeks' claims that the brand-makers of Reglan misinformed his prescribing doctor by understating the risk of contracting tardive dyskinesia from the drug.  The doctor is owed a duty of truth on the part of the brand-makers, Weeks' attorneys argued based on the legal rule known as the learned intermediary doctrine.

Lew Garrison, Weeks' chief attorney, believes the decision may positively influence courts in other states and thereby provide recourse for patients injured by generic replicas of brand drugs. "States which recognize the learned intermediary doctrine and liability for third‑party fraud may follow suit," he predicts.

The following language is required by Rule 7.2 of the Alabama Rules of Professional Conduct:  "No representation is made that the quality of the legal services to be performed is greater than the quality of the legal services performed by other lawyers."

2 of 3

Check Out Our Best Services for Investors

Action Alerts PLUS

Portfolio Manager Jim Cramer and Director of Research Jack Mohr reveal their investment tactics while giving advanced notice before every trade.

Product Features:
  • $2.5+ million portfolio
  • Large-cap and dividend focus
  • Intraday trade alerts from Cramer
Quant Ratings

Access the tool that DOMINATES the Russell 2000 and the S&P 500.

Product Features:
  • Buy, hold, or sell recommendations for over 4,300 stocks
  • Unlimited research reports on your favorite stocks
  • A custom stock screener
Stocks Under $10

David Peltier uncovers low dollar stocks with serious upside potential that are flying under Wall Street's radar.

Product Features:
  • Model portfolio
  • Stocks trading below $10
  • Intraday trade alerts
14-Days Free
Only $9.95
14-Days Free
Dividend Stock Advisor

David Peltier identifies the best of breed dividend stocks that will pay a reliable AND significant income stream.

Product Features:
  • Diversified model portfolio of dividend stocks
  • Updates with exact steps to take - BUY, HOLD, SELL
Trifecta Stocks

Every recommendation goes through 3 layers of intense scrutiny—quantitative, fundamental and technical analysis—to maximize profit potential and minimize risk.

Product Features:
  • Model Portfolio
  • Intra Day Trade alerts
  • Access to Quant Ratings
Real Money

More than 30 investing pros with skin in the game give you actionable insight and investment ideas.

Product Features:
  • Access to Jim Cramer's daily blog
  • Intraday commentary and news
  • Real-time trading forums
Only $49.95
14-Days Free
14-Days Free


Chart of I:DJI
DOW 16,655.27 +182.90 1.11%
S&P 500 1,976.06 +24.70 1.27%
NASDAQ 4,760.3060 +52.5310 1.12%

Free Reports

Top Rated Stocks Top Rated Funds Top Rated ETFs