Legal Opinion
Rivera v. Wyeth-Ayerst Laboratories
Court of Appeals for the Fifth Circuit
Decided February 22, 2002No. 01-40122PublishedCited by 34 opinions
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
Pursuant to Fed.R.Civ.P. 23(f), defendants Wyeth-Ayerst Laboratories (“Wyeth”) and American Home Products Corporation appeal the certification of a nationwide class of drug purchasers and their insurance companies. Because we conclude that this suit does not present a justiciable case or controversy under Article III of the Constitution, we reverse and render a judgment of dismissal.
I
In July 1997, Wyeth began distributing Duract, a non-steroidal anti-inflammatory drug (“NSAID”) prescribed for short-term management of acute pain. Although all NSAID’s carry certain…
2Cases cited12 opinions
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- Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
- Flast v. CohenSupreme Court of the United States · 1968
- Sierra Club v. MortonSupreme Court of the United States · 1972
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3Cited by34 opinions
- Everett v. TK-Taito, L.L.C.Court of Appeals of Texas · 2005
- London v. Wal-Mart Stores, Inc.Court of Appeals for the Eleventh Circuit · 2003
- In re Relafen Antitrust LitigationDistrict Court, D. Massachusetts · 2004
- In Re Packaged Ice Antitrust LitigationDistrict Court, E.D. Michigan · 2011
- Felix v. Ganley Chevrolet, Inc. (Slip Opinion)Ohio Supreme Court · 2015
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