Legal Opinion

Secrest v. Merck, Sharp & Dohme Corp.

Court of Appeals for the Second Circuit

Decided January 30, 2013No. Docket 11-4358-cvPublishedCited by 78 opinions

1Per curiam

Linda Secrest appeals from a judgment of the United States District Court for the Southern District of New York (Keenan, J.) granting summary judgment in favor of Merck, Sharpe & Dohme Corp. (“Merck”) and dismissing her products liability claim for failure to provide an adequate warning regarding the risks associated with Fosa-max, a prescription drug. In this appeal we consider whether the District Court erred in granting Merck’s summary judgment motion after discrediting expert testimony from Secrest’s treating physician. Because the physician’s expert testimony contained contradictions…

2Cases cited17 opinions

  1. Gasperini v. Center for Humanities, Inc.Supreme Court of the United States · 1996
  2. Jeffreys v. City of New YorkCourt of Appeals for the Second Circuit · 2005
  3. Fincher v. Depository Trust and Clearing Corp.Court of Appeals for the Second Circuit · 2010
  4. Perma Research and Development Company v. The Singer CompanyCourt of Appeals for the Second Circuit · 1969
  5. Rojas v. Roman Catholic Diocese of RochesterCourt of Appeals for the Second Circuit · 2011

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3Cited by78 opinions

  1. Frost v. New York City Police DepartmentCourt of Appeals for the Second Circuit · 2020
  2. Brandon v. KinterCourt of Appeals for the Second Circuit · 2019
  3. Bentley v. AutoZoners, LLCCourt of Appeals for the Second Circuit · 2019
  4. Moll v. Telesector Resources Group, Inc.Court of Appeals for the Second Circuit · 2014
  5. Moore, William G. v. United StatesCourt of Appeals for the D.C. Circuit · 2000

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

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