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WIMBUSH v. WYETH

No. 09-3380.

619 F.3d 632 (2010)

Oliver WIMBUSH, Individually and as Executor of the Estate of Mary Buchanan, Plaintiff-Appellant, v. WYETH; Wyeth-Ayerst Labs. Co.; Wyeth Pharm., Inc.; Wyeth Pharm., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed August 18, 2010.

Rehearing and Rehearing En Banc Denied October 14, 2010.

Attorney(s) appearing for the Case

ARGUED: Paul W. Flowers , Paul W. Flowers Co., L.P.A., for Appellant. George E. McDavid , Reed Smith LLP, Princeton, New Jersey, for Appellees. ON BRIEF: Paul W. Flowers , Paul W. Flowers Co., L.P.A., Benjamin H. Anderson , Anderson Law Office, L.L.C., Cleveland, Ohio, for Appellant. George E. McDavid , Eric L. Alexander , Reed Smith LLP, Princeton, New Jersey, David R. Cooper , Cooper & Walinski, Toledo, Ohio, M. Sean Laane , Arnold & Porter LLP, Washington, D.C., for Appellees.

MARTIN, J., delivered the opinion of the court, in which BOGGS, J., joined. WHITE, J. (pp. 646-48), delivered a separate opinion concurring in part and dissenting in part.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Mary Buchanan sued Wyeth, a publicly-held corporation, Wyeth Pharmaceuticals, an unincorporated division of Wyeth, and Wyeth-Ayerst Laboratories Company and Wyeth Pharmaceuticals, Inc., wholly-owned subsidiaries of Wyeth, regarding a diet pill, Redux, that the companies manufactured and sold. Buchanan's claims sound primarily in strict liability and common law negligence. Buchanan appeals the district court's...

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