Legal Opinion

Morris v. PLIVA, Inc.

Court of Appeals for the Fifth Circuit

Decided February 14, 2013No. 12-30319PublishedCited by 40 opinions

1Per curiam

Appellants Penny and John Morris sued Appellees PLIVA, TEVA, and Actavis— generic drug manufacturers — for injuries related to use of the drug metoclopramide (brand-name Reglan). This case is yet another in the expanding cohort controlled by PLIVA, Inc. v. Mensing, — U.S. -, 131 S.Ct. 2567, 180 L.Ed.2d 580 (2011), which held state law claims against generic manufacturers of Reglan preempted by FDA regulations. See also Demahy v. Ac-tavis, Inc., 650 F.3d 1045 (5th Cir.2011) (per curiam). Accordingly, we AFFIRM the dismissal of this suit.

BACKGROUND

Penny Morris took metoclopramide from early…

2Cases cited13 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Wyeth v. LevineSupreme Court of the United States · 2009
  3. Buckman Co. v. Plaintiffs' Legal CommitteeSupreme Court of the United States · 2001
  4. Cuvillier v. TaylorCourt of Appeals for the Fifth Circuit · 2007
  5. Schiller v. Physicians Resource Group Inc.Court of Appeals for the Fifth Circuit · 2003

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3Cited by40 opinions

  1. Yanise Germain v. Teva Pharmaceuticals, USA, IncCourt of Appeals for the Sixth Circuit · 2014
  2. Sarah Speed v. Wyeth Pharmaceuticals, Inc.Court of Appeals for the Sixth Circuit · 2013
  3. Wagner v. Teva Pharmaceuticals USA, Inc.Court of Appeals for the Seventh Circuit · 2016
  4. Andrea Guarino v. Wyeth, LLCCourt of Appeals for the Eleventh Circuit · 2013
  5. Reymond Meadaa v. K.A.P. Enterprises, L.L.CCourt of Appeals for the Fifth Circuit · 2014

35 more not listed; retrieve them via the Exa API.

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