United States Fifth Circuit

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RIVERA v. WYETH-AYERST LABS., 01-40122

Where plaintiffs aver that the allegedly defective product was not defective as to them, they have not demonstrated an injury in fact to themselves, and thus do not have a justiciable case or controversy under Article III of the Constitution. (Revised opinion).

Appellate Information

  • Decided 02/22/2002
  • Published 02/22/2002

Judges

  • JERRY E. SMITH, Circuit Judge:, Before SMITH and EMILIO M. GARZA, Circuit Judges, and CUMMINGS, District Judge.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Michael A. Lee (argued), Neal Stuart Manne, Susman Godfrey, Houston, TX, for Arkansas Carpenters Health and Welfare Fund.

  • For Appellees:
  • Arthur Sadin,Provost, Umphrey, Youngdahl & Sadin, Friendswood, TX, for Plaintiffs-Appellees., Harvey Lee Kaplan (argued), Michael Lee Koon, Shana J. Long, Shook, Hardy & Bacon, Kansas City, MO, Michael R. Klatt, Susan Elizabeth Burnett, Clark, Thomas & Winters, Austin, TX, for Defendants-Appellants.