122945P.pdf   07/15/2013  Joyce Fullington  v.  Pfizer, Inc.
   U.S. Court of Appeals Case No:  12-2945
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Gruender, Author, with Murphy and Smith, Circuit Judges] 
   Civil case - Products liability. Because plaintiff stipulated that she 
   never used Reglan manufactured or distributed by the companies who sold 
   the drug under that brand, she cannot hold them liable under Arkansas law; 
   plaintiff's failure-to-warn claims against the manufacturers of 
   metoclopramide, the generic version of Reglan, are preempted and were 
   properly dismissed; however, her claims based on non-warning design defect 
   and breach of implied warranty claims are not preempted, and the district 
   court erred in dismissing those claims; on remand, the district court can 
   consider whether the claims adequately state viable claims under Arkansas 
   law and if so,whether the generic manufacturers can nonetheless establish 
   preemption; district court properly dismissed plaintiff's claims against 
   defendant PLIVA for failing to update its labeling. Judge Murphy, 
   concurring. (The reader may also wish to review this court's June 14, 2013 
   opinion in Bell v. Pfizer, 2013 U.S. App. LEXIS 12002).