WYETH, INC. v. WEEKS

1101397.

159 So.3d 649 (2014)

WYETH, INC., et al. v. Danny WEEKS and Vicki Weeks.

Supreme Court of Alabama.

August 15, 2014.


Attorney(s) appearing for the Case

Kevin C. Newsom , Lindsey C. Boney IV , and Marc James Ayers of Bradley Arant Boult Cummings LLP, Birmingham; and Philip H. Butler and George R. Parker of Bradley Arant Boult Cummings LLP, Montgomery, for appellants Wyeth, Inc., and Pfizer, Inc.

Frederick George Helmsing, Jr. , of McDowell, Knight, Roedder & Sledge, L.L.C., Mobile; Henninger S. Bullock and Andrew J. Calica of Meyer Brown LLP, New York, New York; and J. Gorman Houston, Jr. , of Lightfoot, Franklin & White LLC, Birmingham for appellant Schwarz Pharma, Inc.

W. Lewis Garrison, Jr. , Christopher B. Hood , and William L. Bross of Heninger Garrison Davis, LLC, Birmingham, for appellees.

Chilton Davis Varner , Stephen B. Deveraux , Heather M. Howard , and Franklin P. Brannen of King & Spalding LLP, Atlanta, Georgia, for amicus curiae Product Liability Advisory Council, Inc., in support of the appellants.

F. Chadwick Morriss , Robert C. Brock , Michael X. Imbroscio , and Paul W. Schmidt of Covington & Burling LLP, Washington, D.C., for amicus curiae Pharmaceutical Research and Manufacturers of America, in support of the appellants.

Ed R. Haden of Balch & Bingham LLP, Birmingham, for Chamber of Commerce of the United States of America and the Business Council of Alabama; and Robin S. Conrad and Kate Comerford Todd , National Chamber Litigation Center, Inc., Washington, D.C., for amici curiae Chamber of Commerce of the United States of America, in support of the appellants.

Mary Massaron Ross and Karen E. Beach of Plunkett Cooney, Detroit, Michigan; and Henry M. Sneath , Chicago, Illinois, for amici curiae DRI-The Voice of the Defense Bar; and Sharon Donaldson Stuart of Christian & Small, LLP, Birmingham, for Alabama Defense Lawyers Association, in support of the appellants.

Ralph D. Pittle , Medical Legal Consultants of Washington, Redmond, Washington; and Nancy Eady of Morris , Haynes & Hornsby, Alexander City, for amicus curiae The Conte Foundation, in support of the appellees.

Drayton Nabers, Jr. , Lee E. Bains, Jr. , Scott S. Brown , and Sarah Glover of Maynard, Cooper & Gale, P.C., Birmingham, for amicus curiae Business Council of Alabama, in support of the appellants' application for rehearing.

William H. Webster of Webster, Henry, Lyons, White, Bradwell & Black, P.C., Montgomery, for amicus curiae Alabama Defense Lawyers Association, in support of the appellants' application for rehearing.

Richard B. Garrett and D. Cameron Smith of Alabama Policy Institute, Mountain Brook, for amicus curiae Alabama Policy Institute, in support of the appellants.

David G. Wirtes, Jr. , of Cunningham Bounds, LLC, Mobile; and Louis M. Bograd , Center for Constitutional Litigation, P.C., Washington, DC, for amicus curiae American Association for Justice, in support of the appellees.


On Application for Rehearing

The opinion of January 11, 2013, is withdrawn, and the following is substituted therefor.

The United States District Court for the Middle District of Alabama, Southern Division ("the district court"), has certified to this Court the following question pursuant to Rule 18, Ala...

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