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GAZAL v. BOEHRINGER INGELHEIM PHARMACEUTICALS

No. 10-3129.

647 F.3d 833 (2011)

Maud Ledhagen GAZAL, in her capacity as the legal personal representative of the Estate of Nabil Nasri Gazal, Appellant, v. BOEHRINGER INGELHEIM PHARMACEUTICALS, INC.; Pfizer, Inc.; Pharmacia Corporation; Pharmacia & Upjohn, LLC, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 28, 2011.

Attorney(s) appearing for the Case

George W. Vie, III , argued, Adrienne Kvello, on the brief, Houston, TX, for appellant.

Scott A. Smith , argued, Minneapolis, MN, for appellees.

Jason C. Rose , James E. Gray , on the brief, Baltimore, MD, for appellee Boehringer Ingelheim Pharmaceuticals.

Joseph M. Price , Minneapolis, MN, Michael K. Brown , Steven J. Boranian , Los Angeles, CA, on the brief, for appellees Pfizer, Inc., Pharmacia Corp. and Pharmacia & Upjohn Company, LLC.

Before WOLLMAN, BYE, and SHEPHERD, Circuit Judges.

WOLLMAN, Circuit Judge.

Nabil Gazal filed tort claims and a breach of warranty claim against Boehringer Ingelheim Pharmaceuticals, Inc.; Pfizer, Inc.; Pharmacia Corporation; and Pharmacia & Upjohn Company, LLC (pharmaceutical companies). The district court1 granted summary judgment to the defendants, see In re Mirapex Products Liability Litigation, 735 F.Supp.2d 1113 (D.Minn.2010), whereupon...

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