Student's Law Review Comment Cited in Dissenting Opinion
Third-year law student Wesley Weeks recently learned that his student comment written for the George Mason Law Review was quoted in an Alabama Supreme Court dissenting opinion.
Weeks’ comment is entitled Picking Up the Tab for Your Competitors: Innovator Liability After Pliva, Inc. v. Mensing, 19 Geo. Mason L. Rev. 1257 (2012).
The Alabama case was Wyeth, Inc. v. Weeks, 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.
Alabama Justice Murdock cited Weeks’ comment to support the idea that even proponents of the majority’s outcome conceded the result as unfair to brand-name manufacturers.
Weeks, a 2013 JD candidate, is a graduate of the University of Mary Washington, where he earned a BA in Anthropology. He currently serves as articles editor of the George Mason Law Review.