Student comment quoted in recent Alabama Supreme Court dissenting opinion

Congratulations to Wesley Weeks, a George Mason Law Review Articles Editor, whose Picking Up the Tab for Your Competitors: Innovator Liability After Pliva, Inc. v. Mensing, 19 Geo. Mason L. Rev. 1257 (2012), was quoted in a recent Alabama Supreme Court dissenting opinion.  The case was Wyeth, Inc. v. Weeks, No. 1:10-cv-602, 2013 WL 135753 (Ala. Feb. 4, 2013), in which the court held that a brand-name manufacturer could be held liable for fraud or misrepresentation based on statements it made in connection with the manufacture of a drug in an action brought by a consumer who was allegedly injured by a generic version of the drug. In a dissenting opinion, Justice Murdock cited Wesley’s comment to support the notion that even proponents of the majority’s outcome concede that such a result is unfair to brand-name manufacturers. The justice’s reliance on Wesley’s work demonstrates the excellence of his comment and George Mason Law Review’s commitment to substantively impacting the legal profession.

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