Legal Opinion

Holder v. Abbott Laboratories, Inc.

Court of Appeals for the Fifth Circuit

Decided March 23, 2006No. 02-60995PublishedCited by 15 opinions

1Opinion of the Court

OWEN, Circuit Judge:

This suit was filed in state court on behalf of children who suffered neurological damage allegedly caused by vaccines containing Thimerosal that in turn contained mercury. The case was removed to federal district court. That court denied the plaintiffs’ motion to remand and then dismissed all claims against all defendants, relying on the National Childhood Vaccine Injury Act of 1986. 1 We affirm the district court’s denial of remand and dismissal of claims relating to the manufacture of vaccines, but reverse the dismissal of the claims relating to the manufacture of…

2Cases cited8 opinions

  1. Great Plains Trust Co. v. Morgan Stanley Dean Witter & Co.Court of Appeals for the Fifth Circuit · 2002
  2. Kelli Smallwood v. Illinois Central Railroad Company Mississippi Department of TransportationCourt of Appeals for the Fifth Circuit · 2004
  3. Travis v. IrbyCourt of Appeals for the Fifth Circuit · 2003
  4. McDonal Ex Rel. McDonal v. Abbott LaboratoriesCourt of Appeals for the Fifth Circuit · 2005
  5. Copeland v. Wasserstein, Perella & Co.Court of Appeals for the Fifth Circuit · 2002

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3Cited by15 opinions

  1. International Energy Ventures Management, L.L.C. v. United Energy Group, Ltd.Court of Appeals for the Fifth Circuit · 2016
  2. Kale Flagg v. Denise ElliotCourt of Appeals for the Fifth Circuit · 2016
  3. Bourne v. Wal-Mart Stores, Inc.District Court, E.D. Texas · 2008
  4. Rivard v. American Home Products, Inc.New Jersey Superior Court Appellate Division · 2007
  5. Holmes v. Acceptance Casualty InsuranceDistrict Court, E.D. Texas · 2013

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