United States Sixth Circuit

In plaintiff's suit against a diet pill manufacturer claiming strict liability and common law negligence, judgment of the district court is affirmed in part, vacated in part and remanded where: 1) it was proper to grant defendant's motion for summary judgment on a strict liability design defect claim as plaintiff failed to point to any evidence creating a factual dispute as to the adequacy of warning; 2) summary judgment for defendant on post-FDA approval negligence claims is affirmed as plaintiff failed to point to any actual evidence in a particularized manner; and 3) district court erred in granting summary judgment to defendant on preemption grounds on plaintiff's pre-approval common law negligence claims as FDA approval does not automatically preempt state law tort claims for negligence.

Appellate Information

• Argued 01/13/2010
• Decided 08/18/2010
• Published 08/18/2010

Judges

• MARTIN

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Paul W. Flowers, George E. McDavid