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DRAGER v. PLIVA USA, INC.

No. 12-1259.

741 F.3d 470 (2014)

Arthur L. DRAGER, as personal representative for the Estate of Shirley Gross, Plaintiff-Appellant, v. PLIVA USA, INC., Defendant-Appellee, and Pfizer, Inc.; Wyeth, Inc.; Wyeth Pharmaceuticals, Inc.; Schwarz Pharma, Inc.; Teva Pharmaceuticals USA, Inc., Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: January 28, 2014.

Attorney(s) appearing for the Case

ARGUED: Louis Martin Bograd , Center for Constitutional Litigation, PC, Washington, D.C., for Appellant. Michael David Shumsky , Kirkland & Ellis LLP, Washington, D.C., for Appellee. ON BRIEF: Terrence J. Donahue, Jr. , McGlynn Glisson & Mouton, Baton Rouge, Louisiana, for Appellant. Joseph P. Thomas , Linda E. Maichl , Jeffrey Peck , Ulmer & Berne, LLP, Cincinnati, Ohio; Jay P. Lefkowitz , John K. Crisham , Kirkland & Ellis LLP, Washington, D.C., for Appellee.

Affirmed by published opinion. Judge DUNCAN wrote the opinion, in which Judge SHEDD and Judge DAVIS joined.

DUNCAN, Circuit Judge:

Appellant Arthur Drager, as personal representative of the estate of Shirley Gross, seeks reversal of the district court's denial of Gross's request to amend her complaint and its dismissal of her state common law tort claims against appellee PLIVA USA, Inc. for injuries sustained as a result of her use of a drug it manufactured. Drager contends on appeal that the proposed amendments were not futile and that Gross's state tort claims are not...

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