Summary
granting summary judgment in favor of the generic manufacturer of over-the-counter ibuprofen because the plaintiff's state-law claims for negligence, breach of express warranty, and breach of implied warranty based on an inadequate warning were preempted
Summary of this case from Strayhorn v. Wyeth Pharms., Inc.Opinion
No. 09-15001 D.C. No. 5:05-cv-04115-JW
02-27-2012
MARGARITA GAETA, as guardian ad litem for A.G., a minor child and AUGUSTINE GAETA, Plaintiffs - Appellants, v. PERRIGO PHARMACEUTICALS COMPANY and BASF CORPORATION, Defendants - Appellees.
NOT FOR PUBLICATION
Northern District of California, San Jose
ORDER
On Remand From The United States Supreme Court
Before: FERNANDEZ and SILVERMAN, Circuit Judges.
The Supreme Court having vacated our prior opinion for further consideration in light of PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011), see L. Perrigo Co. v. Gaeta, 132 S. Ct. 497 (2011), we now AFFIRM the district court's grant of summary judgment in favor of Perrigo Pharmaceuticals Company.