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SmithKline Beecham Corp. v. Doe

Citations

  • 903 S.W.2d 347
  • 38 Tex. Sup. Ct. J. 1058
  • 10 I.E.R. Cas. (BNA) 1487
  • 1995 Tex. LEXIS 131
  • 1995 WL 434475

How courts have described this case

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

  • holding that, even under a liberal construction, the pleading did not allege misrepresentation
  • holding that drug testing company did not create dangerous situation by failing to warn person that ingesting substance would trigger positive drug test
  • holding that section 551 did not apply because “SmithKline made no representations to Doe whatever”
  • holding that defendant was not required to negate element of unpleaded negligent misrepresentation claim even where plaintiff 8 pleaded other negligence theories
  • holding that defendant “need not . . . show that the plaintiff cannot succeed on any theory conceivable in order to obtain summary judgment; he is only ‘required to meet the plaintiff’s case as pleaded.’” (emphasis in original
  • holding that defendant \need not . . . show that the plaintiff cannot succeed on any theory conceivable in order to obtain summary judgment; he is only 'required to meet the plaintiff's case as pleaded.'\ (emphasis in original

Source: CourtListener parenthetical corpus (CC0).

Judges: Hecht, Gammage, Phillips, Gonzalez, Cornyn, Enoch, Owen, Hightower, Spector

Read full opinion on CourtListener

Cited by

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

Cites

45 cases in this archive are cited by this case; the 20 most cited are listed.

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.