Legal Opinion
Kevin Simms v. Bayer Healthcare, LLC
Court of Appeals for the Sixth Circuit
Decided May 29, 2014No. 13-3514PublishedCited by 28 opinions
1Opinion of the Court
OPINION
McKEAGUE, Circuit Judge.
This case involves multidistrict litigation focused on whether defendants Bayer and Merial falsely advertised their flea-and-tick products for pets. In an effort to streamline the case, the district court framed the case as turning on a single issue, and crafted a case management plan in which Bayer and Merial would bear the initial burden of producing studies to substantiate their advertising claims. After Bayer and Merial met their burden, the burden would shift to the plaintiffs to refute the studies, showing how the studies were unreliable, inaccurate, or…
2Cases cited16 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Hunt v. CromartieSupreme Court of the United States · 1999
- Philip D. Overstreet v. Lexington-Fayette Urban County GovernmentCourt of Appeals for the Sixth Circuit · 2002
- Info-Hold, Inc. v. Sound Merchandising, Inc.Court of Appeals for the Sixth Circuit · 2008
11 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Jane Doe v. City of MemphisCourt of Appeals for the Sixth Circuit · 2019
- James Smith v. General Motors LLCCourt of Appeals for the Sixth Circuit · 2021
- Robert Odell, Jr. v. Kalitta Air, LLCCourt of Appeals for the Sixth Circuit · 2024
- United States v. Stephen AkridgeCourt of Appeals for the Sixth Circuit · 2023
- Gerald Novak v. William FederspielCourt of Appeals for the Sixth Circuit · 2025
23 more not listed; retrieve them via the Exa API.