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· 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 CourtListener

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.