Anne Ruggiero, Individually and as Representative of the Estate of Albert Ruggiero v. Warner-Lambert Company and Parke Davis, Docket No. 04-6674-Cv

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that “the district court had discretion to consider” an argument first made in a reply brief
• finding that the plaintiff could have “sought to file a responsive sur-reply” in district court
• finding that “it is hard for [the non-moving party] to claim unfair prejudice now, because she could have claimed surprise in the district court and sought to file a responsive sur-reply”
• no basis for expert opinion on causation because of inadequate support from research and the differential diagnosis did not bolster general causation opinion
• “A differential diagnosis is a ‘a patient-specific process of elimination.... ’ ”

Source: CourtListener parenthetical corpus (CC0).