Legal Opinion
Anne Ruggiero, Individually and as Representative of the Estate of Albert Ruggiero v. Warner-Lambert Company and Parke Davis, Docket No. 04-6674-Cv
Court of Appeals for the Second Circuit
Decided September 16, 2005No. 249PublishedCited by 180 opinions
1Opinion of the Court
DENNIS JACOBS, Circuit Judge.
Plaintiff Anne Ruggiero appeals from a judgment entered by the United States District Court for the Southern District of New York (Kaplan, /.), dismissing on summary judgment a complaint alleging that her husband’s cirrhosis and death were caused by Rezulin, a diabetes medication manufactured and sold by defendants Warner-Lambert Co. and Parke Davis (“Defendants”). The ground for dismissal was that Ruggiero failed to produce sufficient evidence that Rezulin was capable of causing or exacerbating cirrhosis (so-called “general” causation). On appeal, Ruggiero argues…
2Cases cited16 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
- General Electric Co. v. JoinerSupreme Court of the United States · 1997
- Nikitas Amorgianos v. National Railroad Passenger CorporationCourt of Appeals for the Second Circuit · 2002
- Nimely v. City of New YorkCourt of Appeals for the Second Circuit · 2005
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3Cited by180 opinions
- Huss v. GaydenCourt of Appeals for the Fifth Circuit · 2009
- Best v. Lowe's Home Centers, Inc.Court of Appeals for the Sixth Circuit · 2009
- C.W. Ex Rel. Wood v. Textron, Inc.Court of Appeals for the Seventh Circuit · 2015
- In Re Fosamax Products Liability LitigationDistrict Court, S.D. New York · 2009
- Ervin v. Johnson & Johnson, Inc.Court of Appeals for the Seventh Circuit · 2007
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