Legal Opinion

In Re Avandia Marketing, Sales Practices & Products Liability Litigation

Court of Appeals for the Third Circuit

Decided February 12, 2016No. 15-2059UnpublishedCited by 7 opinions

1Opinion of the Court

OPINION *

SHWARTZ, Circuit Judge.

Linda and John Schatz appeal from the orders: (1) striking their sur-reply and physician’s affidavit submitted in opposition to Glaxosmithkline LLC’s (“GSK”) motion for summary judgment and (2) granting GSK’s summary judgment motion. For the reasons that follow, we will affirm both orders.

I

Mrs. Schatz suffers from Type II diabetes. Her physician, Dr. Scott McKimm, prescribed her Avandia, a GSK diabetes medication, starting in 2002. Mrs. Schatz responded well to Avandia and continued on the medication for several years. In February 2007, GSK informed doctors of…

2Cases cited17 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. PLIVA, Inc. v. MensingSupreme Court of the United States · 2011
  4. Jiminez Ex Rel. Estate of Serrano v. All American Rathskeller, Inc.Court of Appeals for the Third Circuit · 2007
  5. EBC, Inc. v. Clark Building System, Inc.Court of Appeals for the Third Circuit · 2010

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3Cited by7 opinions

  1. Sodexomagic, LLC v. Drexel Univ.District Court, E.D. Pennsylvania · 2018
  2. Shuker v. Smith & Nephew PLCDistrict Court, E.D. Pennsylvania · 2016
  3. BROOKS AUTOMOTIVE GROUP, INC v. GENERAL MOTORS LLCDistrict Court, W.D. Pennsylvania · 2020
  4. In re: COVIDIEN HERNIA MESH PRODUCTS LIABILITY LITIGATION; Larry Patterson and Tammy Patterson v. COVIDIEN, INC., et al.District Court, D. Massachusetts · 2026
  5. JURKENAS v. CITY OF BREWERDistrict Court, D. Maine · 2022

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