United States Eighth Circuit

In a case which is part of multi-district litigation (MDL) on Hormone Replacement Therapy (HRT) alleging that defendant's products, Premarin and Prempro, caused plaintiff's breast cancer, a judgment against plaintiff is affirmed over claims that the district court erred by: 1) giving incorrect instructions to the jury; 2) allowing undisclosed and improper expert testimony; 3) disallowing plaintiff's expert opinions; and 4) failing to instruct the jury on fraud.

Appellate Information

• Decided 01/31/2008
• Published 01/31/2008

Judges

• RILEY, Circuit Judge., Before RILEY, MELLOY, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• William A. Newman, argued, Dallas, TX, Les Weisbrod and William B. Curtis, on the brief, Dallas, TX, for appellant.


• For Appellees:
  
• F. Lane Heard, III, argued, Washington, DC, John W. Vardaman, Jr. and Stephen L. Urbanczyk, Washington, DC, and Lyn P. Pruitt, Little Rock, AR, on the brief, for appellee.