Legal Opinion
prod.liab.rep. (Cch) P 14,816 Carol Stewart Kemp v. G.D. Searle & Co.
Court of Appeals for the Fifth Circuit
Decided February 5, 1997No. 95-60643PublishedCited by 23 opinions
1Opinion of the Court
KING, Circuit Judge:
Carol Stewart Kemp brought this products liability action based on an allegedly defective intrauterine device. Both sides filed motions for summary judgment based on the statute of limitations. The trial court granted the motion of the defendant, G.D. Searle & Co., and denied Kemp’s motion. Kemp timely appealed. We affirm.
I. BACKGROUND
In the light most favorable to Kemp, as we must review a summary judgment, the facts are as follows. In 1977, Kemp was prescribed a Copper 7 (“Cu-7”) intrauterine device (“IUD”), manufactured by G.D. Searle & Co. (“Searle”), for birth…
2Cases cited18 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- James Leroy Jackson v. Johns-Manville Sales Corporation and Raybestos-Manhattan, Inc., DefendantsCourt of Appeals for the Fifth Circuit · 1986
- Smith v. SandersMississippi Supreme Court · 1986
- Blannie S. Wilson, Administratrix of the Estate of Henry J. Wilson, Deceased v. Johns-Manville Sales CorporationCourt of Appeals for the D.C. Circuit · 1982
- Linda Miller and Barry Miller v. A.H. Robins Company, Inc.Court of Appeals for the Seventh Circuit · 1985
13 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Southern Scrap Material Co. v. Abc InsuranceCourt of Appeals for the Fifth Circuit · 2008
- Hussain v. Boston Old Colony InsuranceCourt of Appeals for the Fifth Circuit · 2002
- Barnes Ex Rel. Estate of Barnes v. Koppers, Inc.Court of Appeals for the Fifth Circuit · 2008
- Doe on Behalf of Doe v. Dallas Independent School Dist.Court of Appeals for the Fifth Circuit · 1998
- Kinney v. WeaverCourt of Appeals for the Fifth Circuit · 2002
18 more not listed; retrieve them via the Exa API.