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PUSTEJOVSKY v. PLIVA, INC.

No. 09-10983.

623 F.3d 271 (2010)

Martha PUSTEJOVSKY, Plaintiff-Appellant, Cross-Appellee, v. PLIVA, INC., Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

October 8, 2010.

Attorney(s) appearing for the Case

Daniel J. McGlynn (argued), Terrence J. Donahue, Jr. (argued), McGlynn, Glisson & Mouton, Baton Rouge, LA, for Plaintiff.

Joseph Paul Thomas , Linda E, Maichl , Jeffrey Francis Peck (argued), Ulmer & Bernel, L.L.P., Cincinnati, OH, for Defendant.

Before STEWART, PRADO and ELROD, Circuit Judges.

JENNIFER WALKER ELROD, Circuit Judge:

Martha Pustejovsky appeals the district court's summary judgment on her products-liability claims in favor of PLIVA, Inc., a manufacturer of the generic drug metoclopramide. Specifically, she challenges the district court's conclusion that, under the learned-intermediary doctrine, Pustejovsky failed to present evidence showing that the inadequate warning was the producing cause of her injuries. Because Pustejovsky offered no summary...

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