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Moon et al v. Advanced Medical Optics, Inc.

REPLY BRIEF re MOTION for Partial Summary Judgment

12 Cited authorities

  1. McClain v. Metabolife Intern., Inc.

    401 F.3d 1233 (11th Cir. 2005)   Cited 439 times   11 Legal Analyses
    Holding that the district court erroneously admitted expert testimony that a weight-loss supplement caused the plaintiff's medical problems

  2. Hollander v. Sandoz Pharmaceuticals Corp.

    289 F.3d 1193 (10th Cir. 2002)   Cited 277 times   4 Legal Analyses
    Holding that the district court's “jurisdictional ruling did not address the merits of [the plaintiff's] allegations”

  3. In re Breast Implant Litigation

    11 F. Supp. 2d 1217 (D. Colo. 1998)   Cited 128 times   1 Legal Analyses
    Holding that a chemist's "asserted expertise in biomaterials does not make him qualified in the many areas of medical science in which he opines" and the "design, manufacturing, marketing, or labeling of silicone breast implants"

  4. Watkins v. Ford Motor Co.

    190 F.3d 1213 (11th Cir. 1999)   Cited 76 times
    Finding genuine issue of material fact on failure to warn claim because jury could conclude that more adequate warning was needed on vehicle that had greater propensity than other vehicles to roll over during an accident

  5. Haggerty v. Upjohn Co.

    950 F. Supp. 1160 (S.D. Fla. 1996)   Cited 49 times   1 Legal Analyses
    Granting summary judgment and noting that "because a manufacturer's duty to warn of a drug's hazards runs to the physician, the adequacy or inadequacy of a manufacturer's warning to inform a physician must also be proved by expert testimony"

  6. Reid v. BMW of North America

    430 F. Supp. 2d 1365 (N.D. Ga. 2006)   Cited 14 times
    Holding that the expert's testimony based on his own personal experiences and analysis of the evidence are deemed reliable and any attacks against such testimony go toward the weight of the testimony and not its admissibility

  7. Mascarenas v. Cooper Tire Rubber Company

    643 F. Supp. 2d 1363 (S.D. Ga. 2009)   Cited 8 times
    Holding defect theory regarding nylon cap plies admissible

  8. Willert v. Ortho Pharmaceutical Corp.

    995 F. Supp. 979 (D. Minn. 1998)   Cited 18 times
    Concluding that case reports are not sufficient evidence of causation because they do not exclude other alternative explanations

  9. Wardlaw v. Ivey

    297 Ga. App. 240 (Ga. Ct. App. 2009)   Cited 7 times

    Nos. A09A0574, A09A0575, A09A0576. DECIDED MARCH 31, 2009. Emotional distress, etc. Fulton State Court. Before Judge Eady. Parker Lundy, Charles E. Morris, Jr., for Wardlaw. Hawkins Parnell, Peter R. York, Leslie K. Brock, for Ivey. Claxton Claxton, William P. Claxton, Darcy S. DuVal, for Ivey Management Corporation. JOHNSON, Presiding Judge. Andrew Wardlaw and his landscaping company, ACW Lawn Landscape Management, Inc. (collectively "Wardlaw"), sued Greg Ivey, Ivey Management Corporation, and Wayne

  10. Stupak v. Hoffman-La Roche

    326 F. App'x 553 (11th Cir. 2009)   Cited 4 times
    Reviewing the granting of a motion for summary judgment

  11. Section 803.1 - What does this part cover?

    21 C.F.R. § 803.1   Cited 30 times   1 Legal Analyses
    Establishing requirements for medical device reporting

  12. Section 803.3 - How does FDA define the terms used in this part?

    21 C.F.R. § 803.3   Cited 18 times   2 Legal Analyses

    Some of the terms we use in this part are specific to medical device reporting and reflect the language used in the statute (law). Other terms are more general and reflect our interpretation of the law. This section defines the following terms as used in this part: (a)Ambulatory surgical facility (ASF) means a distinct entity that operates for the primary purpose of furnishing same day outpatient surgical services to patients. An ASF may be either an independent entity (i.e., not a part of a provider