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GAETA v. PERRIGO PHARMACEUTICALS CO.

No. 09-15001.

630 F.3d 1225 (2011)

Margarita GAETA, as guardian ad litem for A.G., a minor child; Augustine Gaeta, Plaintiffs-Appellants, v. PERRIGO PHARMACEUTICALS COMPANY; BASF Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 24, 2011.

Attorney(s) appearing for the Case

Brian D. Witzer and Rowena J. Dizon of Law Offices of Brian D. Witzer, Inc., West Hollywood, CA, for the plaintiffs-appellants.

Michael F. Healy and Kelly S. Day of Sedgwick, Detert, Moran & Arnold LLP, San Francisco, CA, for the defendants-appellees.

Before: DAVID R. THOMPSON, FERDINAND F. FERNANDEZ and BARRY G. SILVERMAN, Circuit Judges.

OPINION

THOMPSON, Senior Circuit Judge:

Plaintiffs-appellants Margaret Gaeta, as guardian ad litem for A.G., a minor child, and Augustine Gaeta (collectively, "the Gaetas") appeal the district court's grant of summary judgment in favor of Perrigo Pharmaceutical Company. The district court determined that the Gaetas' state law failure-to-warn claims against Perrigo, a manufacturer of a generic version of ibuprofen, were preempted under federal law. Subsequently...

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