Fisher v. Pelstring

How courts have described this case

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

• denying summary judgment for generic manufacturer on claims for failure to update, fraud by concealment, manufacturing defect and breach of implied warranty of merchantability
• admitting supplemental expert report when supplement \clarif[ied]\ earlier expert testimony and opposing party had opportunity to question expert regarding supplemental report
• granting summary judgment for generic drug manufacturer on design defect claim when plaintiff failed to demonstrate existence of an alternative feasible design
• denying summary judgment for generic manufacturer on claims for failure to update, fraud by concealment, manufacturing defect and breach of implied warranty of merchantability
• denying motion to dismiss fraud claim when Plaintiffs alleged that generic drug manufacturer concealed facts by failing to include the 2004 warning in its label for metoclopramide
• denying PLIVA’s motion for summary judgment on implied warranty of merchantability because “the Court does not find as a matter of law that long-term use was not an ordinary purpose for which metoclopramide was used”

Source: CourtListener parenthetical corpus (CC0).