FULLINGTON v. PFIZER, INC.

No. 12-2945.

720 F.3d 739 (2013)

Joyce FULLINGTON, Plaintiff-Appellant v. PFIZER, INC.; Wyeth, LLC; Schwarz Pharma, Inc.; PLIVA, Inc.; Alaven Pharmaceutical, LLC; Mutual Pharmaceutical Company, Inc., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 15, 2013.


Attorney(s) appearing for the Case

Terrence J. Donahue, Jr. , argued, Baton Rouge , LA, for appellant.

Henninger S. Bullock , argued. New York, NY, Kannon K. Shanmugam , Washington, DC (for Pfizer and Wyeth), Lyn P. Pruitt , Little Rock, AR (for Pfizer, Wyeth, Schwarz Pharma , and Alaven Pharmaceutical), Andrew J. Calica , New York, NY, and Carl J. Summers of Washington, DC (for Schwarz Pharma and Alaven Pharmaceutical), on the brief, for appellees Pfizer, Inc.; Wyeth, LLC; Schwarz Pharma, Inc.; and Alaven Pharmaceutical, LLC.

Joseph P. Thomas , argued, Cincinnati, OH, Geoffrey M. Coan and Kathleen E. Kelly , Boston, MA (for Mutual Pharmaceutical) and Linda E. Maichl and Jeffrey F. Peck , Cinncinnati, OH (for PLIVA), on the brief, for Appellees PLIVA, Inc. and Mutual Pharmaceutical Company, Inc.

Before MURPHY, SMITH, and GRUENDER, Circuit Judges.


GRUENDER, Circuit Judge.

Joyce Fullington filed a product liability suit against the manufacturers of the prescription drug Reglan and its generic equivalent, metoclopramide. The district court ruled that all of Fullington's claims were either not viable under Arkansas law or were preempted by federal law governing drug product labeling. We affirm in part, reverse in part, and remand for further consideration.

I. Background.

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