Legal Opinion
Rivera v. Wyeth-Ayerst Laboratories
District Court, S.D. Texas
Decided November 8, 2000No. CIV. A. G-00-345PublishedCited by 6 opinions
1Opinion of the Court
ORDER DENYING DEFENDANTS’ MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM
KENT, District Judge.
This case involves a claim to recover economic damages resulting from the purchase of the prescription drug Duract, which has been taken off the market due its risk of causing liver damage. Plaintiffs bring claims on their own behalf and on behalf of a class of purchasers of Duract. Now before the Court is Defendants’ Motion to Dismiss for Failure to State a Claim. For the reasons stated below, Defendants’ Motion to Dismiss is DENIED.
I. BACKGROUND
Plaintiff Rivera purchased Duract, a nonsterodial…
2Cases cited28 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Home Builders Ass'n of Mississippi, Inc. v. City of MadisonCourt of Appeals for the Fifth Circuit · 1998
- Manuel M. Fernandez-Montes v. Allied Pilots Association, Fred Vogel, and C.R. PatyCourt of Appeals for the Fifth Circuit · 1993
- Tuchman v. DSC Communications Corp.Court of Appeals for the Fifth Circuit · 1994
23 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In Re Bridgestone/Firestone, Inc. Tires ProductsDistrict Court, S.D. Indiana · 2001
- In re Rezulin Products Liability LitigationDistrict Court, S.D. New York · 2002
- Rivera v. Wyeth-Ayerst LaboratoriesCourt of Appeals for the Fifth Circuit · 2002
- Weiler v. SmithKline Beecham Corp., Pennsylvania Court of Common Pleas, Philadelphia County2001
- Rivera v. Wyeth-Ayerst LaboratoriesDistrict Court, S.D. Texas · 2000
1 more not listed; retrieve them via the Exa API.