WHEAT v. PFIZER, INC.

No. 93-3341.

31 F.3d 340 (1994)

Margaret Ann WHEAT, et al., Plaintiffs-Appellants, v. PFIZER, INC., et al., Defendants Appellees.

United States Court of Appeals, Fifth Circuit.

September 14, 1994.


Attorney(s) appearing for the Case

Jo Ann P. Levert, Katherine Wheeler, Baton Rouge, LA, for appellants.

Henri Wolbrette, III, Kathleen Manning, McGlinchey, Stafford & Lang, New Orleans, LA, for Pfizer, Inc.

Mary Lynne Friedman, Robert Sparks, McGlinchey, Stafford & Lang, New Orleans, LA, for McNeil Pharmaceutical and McNeilab, Inc.

Before WISDOM, DAVIS, and DUHÉ, Circuit Judges.


DUHÉ, Circuit Judge.

Plaintiffs, the survivors of Margaret Gordon, brought this product liability case against Pfizer, Inc. ("Pfizer"), and McNeil Pharmaceutical, a division of McNeil Lab, Inc., ("McNeil"). The district court granted summary judgment for McNeil. The case against Pfizer proceeded to trial and during jury deliberation a mistrial was declared. Following the mistrial, the district court granted Pfizer's motion for judgment as a matter of law pursuant...

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