· 8/28/2013
Schrock v. Wyeth, Inc.
Citations
- 727 F.3d 1273
- 86 Fed. R. Serv. 3d 789
- 2013 WL 4529359
- 2013 U.S. App. LEXIS 17948
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that every federal circuit court has rejected—and that the Oklahoma Supreme Court would not recognize—brand-name liability under these circumstances
- noting that every federal circuit court has rejected—and that the Oklahoma Supreme Court would not recognize—brand-name liability under these circumstances
- finding that warranty claims alleging a drug was “unfit” or “unreasonably dangerous” were preempted because they would require changing its FDA‑mandated composition or labeling
- explaining that forfeiture rule applies to new theory presented on appeal, even if that theory falls under same general category as argument presented below
- holding that no duty is owed under Oklahoma law
- stating that the plaintiff was aware of the cause of her symptoms when her 6 doctor told her that a certain chemical was “quite possib[ly]” responsible for her symptoms
Source: CourtListener parenthetical corpus (CC0).
Judges: Lucero, Hartz, Holmes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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