222960P.pdf   08/07/2023  William Salier  v.  Walmart, Inc.
   U.S. Court of Appeals Case No:  22-2960
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Loken, Author, with Erickson and Kobes, Circuit Judges] 
   Civil case - COVID-19. Defendants refused to fill plaintiffs' 
   prescriptions for ivermectin and hydroxychloroquine for off-label use to 
   treat plaintiffs' COVID-19 symptoms; plaintiffs sued alleging violation of 
   their common law right of self-determination and intentional infliction of 
   emotional distress. The district court dismissed the claims, refusing to 
   certify the self-determination claim to the Supreme Court of Minnesota and 
   finding plaintiffs had failed to plausibly allege the extreme and 
   outrageous conduct required under Minnesota law to state a claim for 
   intentional infliction of emotional distress. Held: The Supreme Court of 
   Minnesota would not recognize a "right to self-determination;" plaintiffs 
   failed to plead a cause of action for intentional infliction of emotional 
   distress; the district court did not err in refusing to certify the 
   self-determination issue to the Minnesota Supreme Court.