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· 3/18/2002

Stahl v. Novartis Pharmaceuticals Corp.

Citations

  • 283 F.3d 254
  • 2002 WL 220916

How courts have described this case

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

  • stating that an element of an LPLA claim is “that the defendant is a manufacturer of the product”
  • stating that a plaintiff must prove only “that the defendant is a manufacturer of the product”
  • noting that Louisiana follows the “learned intermediary doctrine,” in which a manufacturer need only warn the patient’s physician, not the patient himself, of the device’s potential harm
  • noting that while claims under the LPLA are based on principles of strict liability, negligence, or warranty, these theories are not independently “available as theories of recovery against a manufacturer.”
  • noting that while claims under the LPLA ate based on principles of strict liability, negligence, or wattanty, these theories ate not independently “available as theories of recovery against a manufacturer.”
  • denying an intentional tort claim in a pharmaceutical product liability claim because it was not an available remedy under the LPLA

Source: CourtListener parenthetical corpus (CC0).

Judges: King, Duhé, Benavides

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.