Legal Opinion

Eckhardt v. Qualitest Pharmaceuticals, Inc.

Court of Appeals for the Fifth Circuit

Decided May 13, 2014No. 13-40151PublishedCited by 27 opinions

1Opinion of the Court

E. GRADY JOLLY, Circuit Judge:

The plaintiff, Roy Eckhardt, 1 appeals the judgment of the district court dismissing his claims again Wyeth and Schwarz Pharma (together, the “Brand Defendants”) under Rule 12(b)(6) and granting summary judgment to Qualitest Pharmaceuticals and Vintage Pharmaceuticals (together, the “Generic Defendants”). Eckhardt alleges that as a result of his prolonged use of the drug metoclopramide, he developed tardive dyskinesia, a severe neurological disorder. Eckhardt brought various products liability and general tort claims against the Brand Defendants — who initially…

2Cases cited15 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Timpte Industries, Inc. v. GishTexas Supreme Court · 2009
  3. Federal Land Bank Ass'n of Tyler v. SloaneTexas Supreme Court · 1992
  4. PLIVA, Inc. v. MensingSupreme Court of the United States · 2011
  5. Benchmark Electronics, Inc. v. J.M. Huber Corp.Court of Appeals for the Fifth Circuit · 2003

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3Cited by27 opinions

  1. Earnest v. Sanofi US ServicesCourt of Appeals for the Fifth Circuit · 2022
  2. Shirley Brinkley v. Pliva, Inc.Court of Appeals for the Eighth Circuit · 2014
  3. Tina Johnson v. Teva Pharmaceuticals USA, Inc., etCourt of Appeals for the Fifth Circuit · 2014
  4. In re Testosterone Replacement Therapy Products Liability Litigation Coordinated Pretrial ProceedingsDistrict Court, N.D. Illinois · 2015
  5. Michael Houston v. United StatesCourt of Appeals for the Seventh Circuit · 2016

22 more not listed; retrieve them via the Exa API.

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