In the case of Robin Free, et al. v. Abbott Laboratories, Inc., et al., 1999, a group of plaintiffs sued pharmaceutical company Abbott Laboratories and other defendants for allegedly causing their children's birth defects through the mothers' use of the drug Depakote during pregnancy. The plaintiffs argued that Abbott failed to adequately warn about potential risks associated with using this drug while pregnant. However, the court ruled in favor of Abbott Labs on grounds that federal law preempts state law claims regarding inadequate warnings on generic drugs because manufacturers are required by federal regulations to copy exactly brand-name drug labels (including warning information). Therefore, they cannot be held liable under state laws for failing to provide additional or different warnings than those approved at a federal level.

In the dissenting opinion for Robin Free, et al. v. Abbott Laboratories, Inc., et al., the justice argued that the majority's decision to dismiss plaintiffs' claims was incorrect because it failed to consider important factors in determining whether a class action lawsuit could proceed. The dissenting justice believed that there were common issues among all members of the proposed class and these shared concerns should allow for collective legal action against Abbott Laboratories. They also disagreed with how causation had been interpreted by their colleagues; they felt that individualized proof of injury wasn't necessary at this stage as long as each member suffered from similar alleged misconduct by defendants. Furthermore, they criticized the majority's reliance on federal law when state laws would be more applicable in this case involving pharmaceutical pricing practices.