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McCLAIN v. METABOLIFE INTERN., INC.

No. 03-12776.

401 F.3d 1233 (2005)

Johnny C. McCLAIN, Annie McClain, Plaintiffs-Appellees, Shirley Franks, wife, Wilmer Hudson, husband, et al., Plaintiffs-Appellees, Cross-Appellants, v. METABOLIFE INTERNATIONAL, INC., a corporation, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 2, 2005.

Attorney(s) appearing for the Case

John Patrick Kavanagh, Jr., Edward G. Bowron, Bowron, Latta & Wasden, P.C., Mobile, AL, Cavender Crosby Kimble, Balch & Bingham, LLP, Birmingham, AL, for Metabolife Intern., Inc.

A. David Fawal, Archie C. Lamb, Jr., Law Offices of Archie Lamb, LLC, Robert B. Roden, Shelby & Cartee, Birmingham, AL, for Plaintiffs-Appellees and Plaintiffs-Appellees, Cross-Appellants.

Evan M. Tager, Mayer, Brown, Rowe & Maw LLP, Washington, DC, for Chamber of Commerce of the U.S., Amicus Curiae.

Before ANDERSON and BIRCH, Circuit Judges, and ROYAL, District Judge.

ROYAL, District Judge:

This is an appeal of a jury verdict in a products liability action against Metabolife International, Inc. At trial Plaintiffs claimed that they suffered serious medical problems after taking Metabolife 356, an herbal weight-loss supplement, manufactured, marketed, and sold by Metabolife. After hearing the evidence, a jury returned a verdict in Plaintiffs' favor. Metabolife now appeals that verdict on the ground that the trial court erred in...

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