Roy ECKHARDT; Yolanda C. Eckhardt, Plaintiffs-Appellants
v.
QUALITEST PHARMACEUTICALS, INCORPORATED; Wyeth, Incorporated, individually and as Successor-in-Interest to A.H. Robins Company, Incorporated and American Home Products; Schwarz Pharma, Incorporated; Vintage Pharmaceuticals, L.L.C., Defendants-Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
Before JOLLY, HIGGINBOTHAM, and SOUTHWICK, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
E. GRADY JOLLY, Circuit Judge:
The plaintiff, Roy Eckhardt,1 appeals the judgment of the district court dismissing his claims again Wyeth and Schwarz Pharma (together, the "Brand Defendants") under Rule 12(b)(6) and granting summary judgment to Qualitest Pharmaceuticals and Vintage Pharmaceuticals (together, the "Generic Defendants"). Eckhardt alleges that as a result of his prolonged use of the drug metoclopramide, he developed tardive...
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