DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
101326P.pdf 03/03/2011 Allen LeFaivre v. KV Pharmaceutical Company
U.S. Court of Appeals Case No: 10-1326
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Smith, Author, with Bye and Beam, Circuit Judges]
Civil case - Federal Food, Drug and Cosmetic Act. Plaintiff's claims
that defendant breached its implied warrant of merchantability and the
Missouri Merchantability Practices Act by failing to manufacture the
hypertension drug Metoprolol Succinate ER in compliance with federal
regulations were not preempted by the Food, Drug and Cosmetic Act, and
the district court erred in dismissing the complaint. Judge Beam,
concurring with the result.
101326P.pdf 01/19/2011 Allen LeFaivre v. KV Pharmaceutical Company
U.S. Court of Appeals Case No: 10-1326
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Smith, Author, with Bye and Beam, Circuit Judges]
Civil case - products liability. District court erred in finding federal law
preempted plaintiff's claims that defendant breached its implied warranty
of merchantability and violated the Missouri Merchantability Practices
Act by failing to manufacture the hypertension drug Metoprolol Succinate
ER in compliance with federal regulations.