Legal Opinion
Witczak v. Pfizer, Inc.
District Court, D. Minnesota
Decided July 20, 2005No. 04CV2819JMRFLNPublishedCited by 17 opinions
1Opinion of the Court
ORDER•
ROSENBAUM, Chief Judge.
Defendant,- a prescription drug manufacturer, seeks summary judgment claiming federal preemption bars plaintiffs state law failure-to-warn claim. Defendant’s motion is denied.
I. Background
On August 6, 2003, Timothy Michael Witczak committed suicide. His suicide occurred shortly after he began taking Zoloft, a drug manufactured by defendant. Plaintiff is Mr. Witczak’s surviving spouse, and claims his suicide was caused by known side effects of Zoloft. She further claims defendant is liable for wrongful death damages because, among other things, it failed to warn of…
2Cases cited17 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Auer v. RobbinsSupreme Court of the United States · 1997
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
- New York State Conference of Blue Cross & Blue Shield Plans v. Travelers InsuranceSupreme Court of the United States · 1995
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3Cited by17 opinions
- In Re Zyprexa Products Liability LitigationDistrict Court, E.D. New York · 2007
- Colacicco v. Apotex, Inc.District Court, E.D. Pennsylvania · 2006
- McDarby v. Merck & Co., Inc.New Jersey Superior Court Appellate Division · 2008
- Levine v. WyethSupreme Court of Vermont · 2008
- In Re Vioxx Products Liability LitigationDistrict Court, E.D. Louisiana · 2007
12 more not listed; retrieve them via the Exa API.