Legal Opinion

Wyeth, Inc. v. Danny Weeks and Vicki Weeks

Supreme Court of Alabama

Decided August 15, 2014No. 1101397PublishedCited by 24 opinions

1Opinion of the Court

On Application for Rehearing

BOLIN, Justice.

The opinion of January 11, 2013, is withdrawn, and the following is substituted therefor.

The United States District Court for the Middle District of Alabama, Southern Division (“the district court”), has certified to this Court the following question pursuant to Rule 18, Ala. RApp. P.:

“Under Alabama law, may a drug company be held liable for fraud or misrepresentation (by misstatement or omission), based on statements it made in connection with the manufacture or distribution of a brand-name drug, by a plaintiff claiming physical injury from a…

2Cases cited55 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Wyeth v. LevineSupreme Court of the United States · 2009
  3. Lehman Brothers v. ScheinSupreme Court of the United States · 1974
  4. Christopher v. Smithkline Beecham Corp.Supreme Court of the United States · 2012
  5. Clarence Borel v. Fibreboard Paper Products Corporation, Nationalsurety Corporation, Intervenor-AppelleeCourt of Appeals for the Fifth Circuit · 1973

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3Cited by24 opinions

  1. T.H. v. Novartis Pharmaceuticals CorporationCalifornia Supreme Court · 2017
  2. Rafferty v. Merck & Co., Inc.Massachusetts Supreme Judicial Court · 2018
  3. Mark Blackburn v. Shire US IncCourt of Appeals for the Eleventh Circuit · 2021
  4. Coleson v. Janssen Pharmaceutical, Inc.District Court, S.D. New York · 2017
  5. McNair v. Johnson & JohnsonWest Virginia Supreme Court · 2018

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