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Cited "but see"
Morrow v. Winslow
We therefore accept submission on the briefs as the parties have suggested 2 See also Walnut Properties, Inc. v. City of Whittier, 861 F.2d 1102, 1106 (9th Cir.1988) (declining to address abstention issue because issue was not raised until second appeal from district court and after earlier remand from Supreme Court), cert. denied, 490 U.S. 1006 , 109 S.Ct. 1641 , 104 L.Ed.2d 157 (1989); Shannon v. Telco Communications, Inc., 824 F.2d 150, 151-52 (1st Cir.1987) (because state did not press the abstention issue before court of appeals, court addressed merits of appeal); Universal Amusement Co. …
discussed
Cited as authority (quoted)
In Re Rezulin Products Liability Litigation
a plaintiff in a prescription drug products liability case has the burden of proving that an adequate warning to the prescribing physician would have altered the physician's conduct.
discussed
Cited "see, e.g."
Wheat v. Sofamor, S.N.C.
See also, Thomas v. Hoffman-LaRoche, 949 F.2d 806 (5th Cir.1992), reh’g denied, 957 F.2d 869 (5th Cir.1992), ce rt. denied, 504 U.S. 956 , 112 S.Ct. 2304 , 119 L.Ed.2d 226 (1992) (under Mississippi law, where issue of fact as to adequacy of warning, trial court’s grant of judgment notwithstanding the verdict affirmed where plaintiff failed to show that *1364 warning would have prevented injury); In re Norplant Contraceptive Products Liability Litigation, 955 F.Supp. 700 (E.D.Tex.1997), aff'd, 165 F.3d 374 (5th Cir.1999), reh’g denied (where physician was aware of dangers associated with …
Retrieving the full opinion text from the archive…
Idaho
v.
Department of Energy
v.
Department of Energy
No. 91-1483.
Supreme Court of the United States.
Jun 1, 1992.
Published
Citer courts: S.D. New York (1)
C. A. 9th Cir. Certiorari denied.