United States Eighth Circuit

In a product liability action against hormone therapy manufacturers, partial judgment for plaintiff and for defendants is affirmed in part where: 1) plaintiff's Arkansas law claims were not preempted because there was no evidence that the FDA would not have permitted the strengthening of the labels of the drugs at issue in a manner consistent with Arkansas law; 2) plaintiff's expert testimony on causation was properly admitted because the expert ruled out other possible causes of plaintiff's disease; 3) the district court's instruction on proximate cause was correct; and 4) judgment for defendants on punitive damages was correct because defendants did not act with recklessness or malice.

Appellate Information

• Decided 11/02/2009
• Published 11/02/2009

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, JOHN R. GIBSON, and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Eric B. Walker, argued, Houston, TX, James A. Morris, Jr., on the brief, Austin, TX, for Appellant.


• For Appellees:
  
• William Hoffman, F. Lane Heard III, argued, Washington, DC, Lyn Peoples Pruitt, Little Rock, AR, Stephen L. Urbanczyk, John W. Vardaman, Jr., Washington, DC, Steven J. Glickstein, Wendy S. Dowse, on the brief, New York, NY, for Appellees.