O'brien, Ann C. v. Eli Lilly & Company E. R. Squibb & Sons, Inc. The Upjohn Company, and Winthrop Company, Inc

A. LEON HIGGINBOTHAM, Jr., Circuit Judge,

dissenting.

If when a summary judgment has been granted in behalf of four pharmaceutical companies our standard of review is to construe and review the facts in the light most favorable to the pharmaceutical companies, then I too would affirm the grant of summary judgment below. However, since under the law the pharmaceutical companies are not entitled to such a special privileged position, I respectfully dissent.

With precision the majority has stated the applicable precept that we must “review the facts in detail and in the light most favorable to the…