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.
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.