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Fifth Circuit· 2/22/2002

Rivera v. Wyeth-Ayerst Laboratories

Citations

  • 283 F.3d 315
  • 2002 WL 230657

How courts have described this case

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

  • holding that when drug could and did perform adequately in its ordinary function for plaintiffs, plaintiffs’ breach of the implied warranty of merchantability claim seeking only benefit-of-the-bargain damages did not plead an injury in fact
  • holding recasting products liability claim in language of contract law does not create an injury
  • holding that when drug could and did perform adequately in its ordinary function for plaintiffs, plaintiffs = breach of the implied warranty of merchantability claim seeking only benefit-of-the-bargain damages did not plead an injury in fact
  • holding recasting products liability claim in language of contract law does not create an injury
  • holding recasting products liability claim in language of contract law does not create an injury
  • “Duract worked. Had Wyeth provided additional warnings or made Duract safer, the plaintiffs would be in the same position they occupy now. Accordingly, they cannot have a legally protected contract interest.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Smith, Garza, Cummings

Read full opinion on CourtListener

Cited by

26 cases in this archive cite this case; the 20 most cited are listed.

Cites

12 cases in this archive are cited by this case.

Other cases named Rivera v. Wyeth-Ayerst Laboratories

3 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.