LEFAIVRE v. KV PHARMACEUTICAL CO.

No. 10-1326.

636 F.3d 935 (2011)

Allen LEFAIVRE, Individually and on behalf of all others similarly situated, Appellant, v. KV PHARMACEUTICAL COMPANY; Ethex Corporation; Ther-Rx Corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 3, 2011.


Attorney(s) appearing for the Case

Christopher O. Bauman , Blitz & Bardgett, Ronnie L. White , Holloran & White, St. Louis, MO, Marc R. Stanley , Martin Woodward , Stanley & Iola, Dallas, TX, for Appellant.

Celia K. Douglas , Stephen Howard Rovak , SNR Denton US, LLP, St. Louis, MO, Margaret Donahue Hall , SNR Denton US, LLP, Dallas, TX, Sandra Hauser , Lydia Ann Keaney , SNR Denton US, LLP, New York, NY, for Appellees.

Before BYE, BEAM, and SMITH, Circuit Judges.


SMITH, Circuit Judge.

Allen Lefaivre, individually and on behalf of all others similarly situated, brought this potential class action suit against KV Pharmaceutical Company, ETHEX Corporation, and Ther-Rx Corporation (collectively, "KV"). KV manufactures a hypertension medication called Metoprolol Succinate ER. Lefaivre alleged that KV breached its implied warranty of merchantability and violated the Missouri Merchantability Practices Act (MMPA) by failing to manufacture...

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