Thomas Mckay v. Novartis Pharmaceutical Cor

HIGGINSON, Circuit Judge:

Thomas and Leticia McKay’s lawsuit against Novartis Pharmaceutical Corporation (“Novartis”) has spanned eight years and two forums. Originally filed by Thomas McKay in the Western District of Texas, this case was transferred by the Judicial Panel on Multidistrict Litigation (“MDL”) to the Middle District of Tennessee in May 2006 as part of the ongoing multidistrict litigation involving, inter alia, two drugs manufactured and distributed by Novartis. The MDL court granted partial summary judgment for Novartis and made two significant rulings: (1) Texas law applied to…