Legal Opinion
Cerveny v. Aventis, Inc.
Court of Appeals for the Tenth Circuit
Decided May 2, 2017No. 16-4050PublishedCited by 51 opinions
1Opinion of the Court
BACHARACH, Circuit Judge.
Mr. Alexander Cerveny was bom over twenty years ago with birth defects. 1 Alex- ' ander and Ms parents attribute these birth defects to Mrs. Cerveny’s use of Clomid (a fertility drug) in 1992, before she became pregnant with Alexander. The Cervenys sued the manufacturer of Clomid (Aventis, Inc.), asserting various tort claims under Utah law: failure to warn under theories of strict liability and negligence, breach of implied warranty, negligent misrepresentation, and fraud. 2
The district court granted summary judgment to Aventis based on federal preemption, reasoning…
2Cases cited30 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Wyeth v. LevineSupreme Court of the United States · 2009
- PLIVA, Inc. v. MensingSupreme Court of the United States · 2011
- Birch v. Polaris Industries, Inc.Court of Appeals for the Tenth Circuit · 2015
- Mut. Pharm. Co. v. BartlettSupreme Court of the United States · 2013
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3Cited by51 opinions
- Brooks v. Mentor WorldwideCourt of Appeals for the Tenth Circuit · 2021
- Scarlett v. Air Methods CorporationCourt of Appeals for the Tenth Circuit · 2019
- Little v. Budd CompanyCourt of Appeals for the Tenth Circuit · 2020
- In Re: Zofran (Ondansetron) Products Liability Lit v.Court of Appeals for the First Circuit · 2023
- Day v. SkyWest AirlinesCourt of Appeals for the Tenth Circuit · 2022
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