Legal Opinion

Wimbush Ex Rel. Estate of Buchanan v. Wyeth

Court of Appeals for the Sixth Circuit

Decided August 18, 2010No. 09-3380PublishedCited by 64 opinions

1Opinion of the CourtMartin, J., joined by Boggs, J.,

WHITE, J. (pp. 646-48), delivered a separate opinion concurring in part and dissenting in part.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Mary Buchanan sued Wyeth, a publicly-held corporation, Wyeth Pharmaceuticals, an unincorporated division of Wyeth, and Wyeth-Ayerst Laboratories Company and Wyeth Pharmaceuticals, Inc., wholly-owned subsidiaries of Wyeth, regarding a diet pill, Redux, that the companies manufactured and sold. Buchanan’s claims sound primarily in strict liability and common law negligence. Buchanan appeals the district court’s entry of summary judgment for Wyeth on all of…

2Cases cited35 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Fed. Sec. L. Rep. P 94,768 Phil A. Street and Clyde H. Street v. J.C. Bradford & CompanyCourt of Appeals for the Sixth Circuit · 1990
  3. Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
  4. Wyeth v. LevineSupreme Court of the United States · 2009
  5. Gade v. National Solid Wastes Management Assn.Supreme Court of the United States · 1992

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3Cited by64 opinions

  1. V & M STAR STEEL v. Centimark Corp.Court of Appeals for the Sixth Circuit · 2012
  2. Yates v. Ortho-McNeil-Janssen Pharmaceuticals, Inc.Court of Appeals for the Sixth Circuit · 2015
  3. In re Rust-Oleum Restore Marketing, Sales Practices & Products Liability LitigationDistrict Court, N.D. Illinois · 2016
  4. Bentkowski v. Scene MagazineCourt of Appeals for the Sixth Circuit · 2011
  5. In Re Fosamax (Alendronate Sodium) Products Liability LitigationCourt of Appeals for the Third Circuit · 2014

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