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McKAY v. NOVARTIS PHARMACEUTICAL CORP.

No. 13-50404.

751 F.3d 694 (2014)

Thomas W. McKAY; Leticia McKay, Plaintiffs-Appellants v. NOVARTIS PHARMACEUTICAL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 27, 2014.

Attorney(s) appearing for the Case

John Juhan Vecchione, Esq. , John J. Vecchione Law, P.L.L.C., Fairfax, VA, Lynn Anne Coyle , Attorney, Francisco X. Dominguez, Esq. , Dominguez & Coyle, P.L.L.C., El Paso, TX, for Plaintiffs-Appellants.

Katharine Ruth Latimer , Joe Gregory Hollingsworth , Eric Gordon Lasker, Esq. , Rebecca Anne Womeldorf , Hollingsworth, L.L.P., Washington, DC, for Defendant-Appellee.

Before WIENER, ELROD, and HIGGINSON, Circuit Judges.

HIGGINSON, Circuit Judge:

Thomas and Leticia McKay's lawsuit against Novartis Pharmaceutical Corporation ("Novartis") has spanned eight years and two forums. Originally filed by Thomas McKay in the Western District of Texas, this case was transferred by the Judicial Panel on Multidistrict Litigation ("MDL") to the Middle District of Tennessee in May 2006 as part of the ongoing multidistrict litigation involving, inter alia, two drugs manufactured and distributed...

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