Legal Opinion
Arthur Drager v. PLIVA USA
Court of Appeals for the Fourth Circuit
Decided January 28, 2014No. 12-1259PublishedCited by 217 opinions
1Opinion of the Court
Affirmed by published opinion. Judge DUNCAN wrote the opinion, in which Judge SHEDD and Judge DAVIS joined.
DUNCAN, Circuit Judge:
Appellant Arthur Drager, as personal representative of the estate of Shirley Gross, seeks reversal of the district court’s denial of Gross’s request to amend her complaint and its dismissal of her state common law tort claims against appellee PLIVA USA, Inc. for injuries sustained as a result of her use of a drug it manufactured. Drager contends on appeal that the proposed amendments were not futile and that Gross’s state tort claims are not preempted by the…
2Cases cited19 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Stan Laber v. Francis J. Harvey, Secretary of the ArmyCourt of Appeals for the Fourth Circuit · 2006
- Edwards v. City of GoldsboroCourt of Appeals for the Fourth Circuit · 1999
- Crosby v. National Foreign Trade CouncilSupreme Court of the United States · 2000
- PLIVA, Inc. v. MensingSupreme Court of the United States · 2011
14 more not listed; retrieve them via the Exa API.
3Cited by217 opinions
- Shawn Massey v. J.J. OjaniitCourt of Appeals for the Fourth Circuit · 2014
- Chargepoint, Inc. v. Semaconnect, Inc.Court of Appeals for the Federal Circuit · 2019
- Pa. Nat'l Mut. Cas. Ins. Co. v. Beach Mart, Inc.Court of Appeals for the Fourth Circuit · 2019
- United States ex rel. Carson v. Manor Care, Inc.Court of Appeals for the Fourth Circuit · 2017
- Mayor of Balt. v. BP P. L.C.District Court, D. Maryland · 2019
212 more not listed; retrieve them via the Exa API.