Mensing v. Wyeth Inc., 08–3850.
| Decision Date | 29 September 2011 |
| Docket Number | No. 08–3850.,08–3850. |
| Citation | 658 F.3d 867 |
| Parties | Gladys MENSING, Appellantv.WYETH, INC., et al., Appellees. |
| Court | U.S. Court of Appeals — Eighth Circuit |
OPINION TEXT STARTS HEREAppeal from U.S. District Court for the District of Minnesota–Minneapolis (0:07–cv–03919–DWF).
ORDER
The Supreme Court having reversed the judgment of this court and remanded this action for further proceedings in light of its opinion in PLIVA, Inc. v. Mensing, ––– U.S. ––––, 131 S.Ct. 2567, 180 L.Ed.2d 580 (2011), we now vacate Sections I, II, and IV of our opinion in Mensing v. Wyeth, Inc., 588 F.3d 603 (8th Cir.2009), reinstate Section III of that opinion, and deny Mensing's motion for leave to file a supplemental brief.
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26 cases
- In re Zantac (Ranitidine) Prods. Liab. Litig.
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Wyeth, Inc. v. Weeks, 1101397.
...manufacturers were not liable for defects or deficiencies in the labeling of products manufactured and sold by others. Mensing v. Wyeth, Inc., 658 F.3d 867 (8th Cir.2011).In Smith v. Wyeth, Inc., 657 F.3d 420 (6th Cir.2011), the United States Court of Appeals for the Sixth Circuit also ackn......
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Phelps v. Wyeth, Inc.
...claims”). Next, Pliva maintains that the Eighth Circuit's decision to deny supplemental briefing after the Supreme Court remanded the Mensing v. Wyeth case back to the court demonstrates that Mensing preempts such claims. Mensing v. Wyeth, Inc., 658 F.3d 867 (8th Cir.2011). Pliva reasons th......
- Rafferty v. Merck & Co.
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4 firm's commentaries
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Alabama No Longer An Outlier State: Legislature Says 'No' To Innovator Liability
...F.3d 603 (8th Cir. 2009), rev'd on other grounds sub nom. PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011), re-instated in relevant part, 658 F.3d 867 (8th Cir. 2011). Flynn v. Am. Home Prods. Corp., 627 N.W.2d 342 (Minn. Ct. App. 2001). Nevada Law Moretti v. Wyeth, Inc., 579 F. App'x 563 (9t......
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Does 'Mutual Pharmaceutical Co., Inc. v. Bartlett' Herald The Demise Of The 'Failure-To-Withdraw' Theory?
...the "failure-to-withdraw" theory, and on remand, the Eighth Circuit vacated that portion of its opinion. See Mensing v. Wyeth, Inc., 658 F.3d 867 (8th Cir. Afterwards, most federal courts determined that Mensing held that "failure-to-withdraw" claims were pre-empted. See, e.g., Smith v. Wye......
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What Do California, Vermont, And Alabama Have In Common?
...Demahy v. Schwarz Pharma, Inc., 702 F.3d 177 (5th Cir. 2012); Smith v. Wyeth, Inc., 657 F.3d 420 (6th Cir. 2011); Mensing v. Wyeth, Inc., 658 F.3d 867 (8th Cir. 2011); Baymiller v. Ranbaxy Pharm., Inc., [No. 3:11-cv-858-RCJ-VPC, Sept. 6, 2012] 894 F.Supp.2d 1302, 2012 U.S. Dist. LEXIS 12728......
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Supreme Court Decision Alert - June 24, 2013
...have addressed the issue. See, e.g., Gaeta v. Perrigo Pharms. Co., 469 Fed. App'x 556 (9th Cir. Feb. 27, 2012); Mensing v. Wyeth, Inc., 658 F.3d 867 (8th Cir. 2011); Smith v. Wyeth, Inc., 657 F.3d 420 (6th Cir. 2011); Demahy v. Actavis, Inc., 650 F.3d 1045 (5th Cir. Bartlett is significant ......
1 books & journal articles
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CHAPTER § 9.02 Common Defenses
...in part on other grounds sub nom., PLIVA, Inc. v. Mensing, 564 U.S. 604 (2011), reaffirmed in pertinent part and vacated on other grounds, 658 F.3d 867 (8th Cir. 2011); Bell v. Pfizer, Inc., 716 F.3d 1087, 1092-93 (8th Cir. 2013) (applying Arkansas law); Fullington v. PLIVA, Inc., 720 F.3d ......