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RIMBERT v. ELI LILLY AND CO.

No. 09-2307.

647 F.3d 1247 (2011)

Mark Gilbert RIMBERT, individually and as Personal Representative of the Estates of Gilbert John Rimbert and Olivia Acosta Rimbert, deceased, Plaintiff-Appellant, v. ELI LILLY AND COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 3, 2011.

Attorney(s) appearing for the Case

Arnold Anderson Vickery , Vickery, Waldner & Mallia, LLP, Houston, TX ( Earl Landers Vickery , Austin, TX, with him on the briefs), for Plaintiff-Appellant.

Andrew See , Shook, Hardy & Bacon, LLP, Kansas City, MO ( Christopher P. Gramling and Julia C. Walker , Shook, Hardy & Bacon, LLP, Kansas City, MO; Thomas A. Outler , Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, NM, with him on the brief), for Defendant-Appellee.

Before MURPHY, McKAY, and O'BRIEN, Circuit Judges.

MURPHY, Circuit Judge.

I. Introduction

Shortly after Mark Rimbert's father began taking Prozac, he killed his wife and himself. Rimbert brought a wrongful death action against Eli Lilly, the manufacturer of Prozac. After discovery, Eli Lilly moved for summary judgment on various grounds and to exclude the testimony of Rimbert's sole expert witness on the question of causation. Those motions were, in all relevant parts, denied by the district judge who was...

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