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WELLS v. SMITHKLINE BEECHAM CORP.

No. 09-50244.

601 F.3d 375 (2010)

Max WELLS, Plaintiff-Appellant, v. SMITHKLINE BEECHAM CORPORATION, doing business as GlaxoSmithKline, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 22, 2010.

Attorney(s) appearing for the Case

Jay Joseph Madrid, Thomas Butler Alleman, Winstead, P.C., Dallas, TX, Craig T. Enoch (argued), David Scott Morris, William M. Parrish, Winstead, P.C., Austin, TX, for Wells.

Marcy Hogan Greer (argued), Sarah Renee Holland, Stacey Ann Martinez, Stephanie A. Smith, Fulbright & Jaworski, L.L.P., Austin, TX, Cindy Kaplan Bennes, Paul Kenneth Stecker, Phillips Lytle, L.L.P., Buffalo, NY, for Defendant-Appellee.

Before HIGGINBOTHAM, GARZA and PRADO, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Max Wells invoked diversity jurisdiction and complained that GlaxoSmithKline had failed to warn him that one of its drugs— Requip—could make him gamble away millions. In support, Wells proffered testimony from three experts who would opine that Requip can cause pathological gambling in the general population. The company moved for summary judgment, arguing that the experts' testimony did not

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