Legal Opinion

Bailey v. Janssen Pharmaceutica, Inc.

Court of Appeals for the Eleventh Circuit

Decided July 29, 2008No. 07-12258UnpublishedCited by 50 opinions

1Per curiam

This opinion is provided as an appendix to our simultaneously issued published opinion in the above-styled case. Finding the district court erred in part in granting appellee’s motion to dismiss, we reverse in part and affirm in part the dismissal of appellant’s First Amended Complaint.

I. BACKGROUND

The decedent, Chad Edgar Beal (“Beal”), died on March 5, 2004, after having received a lethal dose of a pain narcotic, fentanyl, via a transdermal skin patch prescribed to him by his doctor. The prescription patch, Duragesic, was manufactured by defendant Alza Corporation (“Alza”) and distributed…

2Cases cited23 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  3. Watts v. Florida International UniversityCourt of Appeals for the Eleventh Circuit · 2007
  4. United States of America by and Through Joseph E. Garst v. Lockheed-Martin CorporationCourt of Appeals for the Seventh Circuit · 2003
  5. Wagner v. Daewoo Heavy Industries America Corp.Court of Appeals for the Eleventh Circuit · 2002

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3Cited by50 opinions

  1. Reed v. Pfizer, Inc.District Court, E.D. New York · 2012
  2. Garcia v. Chrysler Group LLCDistrict Court, S.D. New York · 2015
  3. In Re Toyota Motor Corp. Unintended Acceleration Marketing, Sales Practices, & Products Liability LitigationDistrict Court, C.D. California · 2010
  4. Brazil v. Janssen Research & Development LLCDistrict Court, N.D. Georgia · 2016
  5. Darryl A. Vachon v. Travelers Home and Marine Insurance CompanyCourt of Appeals for the Eleventh Circuit · 2021

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