Legal Opinion

Mr. & Mrs. Floyd Brock, Individually and as Next Friend of Rachel Brock, a Minor v. Merrell Dow Pharmaceuticals, Inc.

Court of Appeals for the Fifth Circuit

Decided August 15, 1989No. 88-2311PublishedCited by 78 opinions

1Opinion of the Court

ON PETITION FOR REHEARING

Before GARZA, JOLLY, and JONES, Circuit Judges. PER CURIAM:

Appellees have filed a petition for rehearing en banc with regard to our prior disposition of this case, Brock v. Merrell Dow Pharmaceuticals, Inc., 874 F.2d 307, 308 (5th Cir.1989). Treating that petition as a petition for panel rehearing, we hereby modify our prior panel opinion.

At 313, we stated that “[w]e find, in this case, the lack of conclusive epidemiological proof to be fatal to the Brocks’ case.” We hereby change that sentence to read “[w]e find, in this case, the Brocks’ failure to present…

2Cases cited1 opinion

  1. Mr. And Mrs. Floyd Brock, Individually and as Next Friend of Rachel Brock, a Minor v. Merrell Dow Pharmaceuticals, Inc.Court of Appeals for the Fifth Circuit · 1989

3Cited by78 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Merrell Dow Pharmaceuticals, Inc. v. HavnerTexas Supreme Court · 1997
  3. Maritime Overseas Corp. v. EllisTexas Supreme Court · 1998
  4. EI Du Pont De Nemours & Co. v. RobinsonTexas Supreme Court · 1996
  5. In Re Paoli Railroad Yard Pcb LitigationCourt of Appeals for the Third Circuit · 1990

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