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121674P.pdf   06/14/2013  Shirley Bell  v.  Pfizer
   U.S. Court of Appeals Case No:  12-1674
   U.S. District Court for the Eastern District of Arkansas - Pine Bluff   
   [PUBLISHED] [Chief Judge Riley, Author, with Wollman and Melloy,
   Circuit Judges]
Civil Case - diversity - products liability. The district court did not err in determining product liability claims against brand defendants failed as a matter of law because Bell stipulated she had not ingested a product manufactured by the brand defendants. As for claims against the generic manufacturer, the district court erred in dismissing all the claims as failure to warn claims and thus preempted; dismissal of non-warning design defect and breach of implied warranty claims are remanded to the district court for further proceedings. The district court did not err in concluding Bell could not state a viable claim based on Pliva's failure to incorporate the 2004 change into its label under the learned intermediary doctrine.