Legal Opinion
McNair v. Johnson & Johnson
Court of Appeals for the Fourth Circuit
Decided May 30, 2017No. 15-1806PublishedCited by 5 opinions
1Opinion of the Court
ORDER OF CERTIFICATION TO THE SUPREME COURT OF APPEALS OF WEST VIRGINIA
TRAXLER, Circuit Judge:
Pursuant to West Virginia’s Uniform Certification of Questions of Law Act, see W. Va. Code § 51-1A-1 et seq., we hereby request that the Supreme Court of Appeals of West Virginia exercise its discretion to answer' the following certified question of law:
Whether West Virginia law permits a claim of failure to warn and negligent misrepresentation against a branded drug manufacturer when the drug ingested was produced by a generic manufacturer.
The answer to the foregoing question of West Virginia law…
2Cases cited14 opinions
- Wyeth v. LevineSupreme Court of the United States · 2009
- PLIVA, Inc. v. MensingSupreme Court of the United States · 2011
- Arthur Drager v. PLIVA USACourt of Appeals for the Fourth Circuit · 2014
- Schrock v. Wyeth, Inc.Court of Appeals for the Tenth Circuit · 2013
- Conte v. Wyeth, Inc.California Court of Appeal · 2008
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- T.H. v. Novartis Pharmaceuticals CorporationCalifornia Supreme Court · 2017
- McNair v. Johnson & JohnsonWest Virginia Supreme Court · 2018
- Akerman v. GlaxoSmithKline, LCCDistrict Court, D. Massachusetts · 2017
- EQT Production Company v. Matthew WenderCourt of Appeals for the Fourth Circuit · 2017
- Kimmy McNair v. Johnson & JohnsonCourt of Appeals for the Fourth Circuit · 2019