77 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 237,052 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 217,036 times 40 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
Matsushita Elec. Indus. Co. v. Zenith Radio
475 U.S. 574 (1986) Cited 113,493 times 38 Legal Analyses
Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
Buckman Co. v. Plaintiffs' Legal Committee
531 U.S. 341 (2001) Cited 1,188 times 80 Legal Analyses
Holding that federal drug and medical device laws pre-empted a state tort-law claim based on failure to properly communicate with the FDA
Mut. Pharm. Co. v. Bartlett
570 U.S. 472 (2013) Cited 416 times 67 Legal Analyses
Holding "state-law design-defect claims that turn on the adequacy of a drug's warnings are pre-empted by federal law under PLIVA"
Boudreaux v. Swift Transp. Co., Inc.
402 F.3d 536 (5th Cir. 2005) Cited 2,138 times 1 Legal Analyses
Explaining non-moving party's burden is not satisfied by "some metaphysical doubt as to the material facts, by conclusory allegations, by unsubstantiated assertions, or by only a scintilla of evidence"
Merrell Dow Pharmaceuticals, Inc. v. Havner
953 S.W.2d 706 (Tex. 1997) Cited 2,410 times 9 Legal Analyses
Holding that more than a scintilla of evidence requires "reasonable and fair-minded people to differ in their conclusions."
Mack Trucks, Inc. v. Tamez
206 S.W.3d 572 (Tex. 2006) Cited 1,461 times
Holding that expert testimony was required to establish causation in products liability case, because “ lay juror's general experience and common knowledge do not extend to whether design defects such as those alleged in this case caused releases of diesel fuel during a rollover accident”
Skotak v. Tenneco Resins, Inc.
953 F.2d 909 (5th Cir. 1992) Cited 2,255 times
Declining to consider articles attached to a prior pleading when the articles were not referenced in a summary judgment response
Eason v. Thaler
73 F.3d 1322 (5th Cir. 1996) Cited 1,472 times 1 Legal Analyses
Holding that "mere conclusory allegations are not competent summary judgment evidence, and . . . are insufficient, therefore, to defeat a motion for summary judgment"
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,940 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 95,908 times 660 Legal Analyses
Adopting Fed.R.Civ.P. 37
Rule 16 - Pretrial Conferences; Scheduling; Management
Fed. R. Civ. P. 16 Cited 34,081 times 51 Legal Analyses
Adopting the sanctions authorized by Rule 37(b)
Rule 19 - Required Joinder of Parties
Fed. R. Civ. P. 19 Cited 9,582 times 55 Legal Analyses
Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations
Section 41.001 - Definitions
Tex. Civ. Prac. & Rem. Code § 41.001 Cited 609 times 6 Legal Analyses
Defining the standard for gross negligence
Section 41.003 - Standards for Recovery of Exemplary Damages
Tex. Civ. Prac. & Rem. Code § 41.003 Cited 583 times 4 Legal Analyses
Permitting recovery of exemplary damages if the claimant proves that fraud, malice, or gross negligence caused the harm at issue
Section 2.314 - Implied Warranty: Merchantability; Usage of Trade
Tex. Bus. & Com. Code § 2.314 Cited 211 times 1 Legal Analyses
Adopting UCC § 2–314 as Texas law
Section 82.001 - Definitions
Tex. Civ. Prac. & Rem. Code § 82.001 Cited 195 times 4 Legal Analyses
Defining seller as a "person who is engaged in the business of distributing or otherwise placing, for any commercial purpose, in the stream of commerce for use or consumption a product or any component part thereof"
Section 2.313 - Express Warranties By Affirmation, Promise, Description, Sample
Tex. Bus. & Com. Code § 2.313 Cited 137 times
Describing the ways in which a seller creates express warranties
Section 2.607 - Effect of Acceptance; Notice of Breach; Burden of Establishing Breach After Acceptance; Notice of Claim or Litigation to Person Answerable Over
Tex. Bus. & Com. Code § 2.607 Cited 99 times
Providing that, where tender has been accepted, "the buyer must within a reasonable time after he discovers or should have discovered any breach notify the seller of breach or be barred from any remedy"
Section 314.70 - Supplements and other changes to an approved NDA
21 C.F.R. § 314.70 Cited 356 times 38 Legal Analyses
Defining "major changes" as those "requiring supplement submission and approval prior to distribution of the product"
Section 314.50 - Content and format of an NDA
21 C.F.R. § 314.50 Cited 150 times 16 Legal Analyses
Recognizing the proprietary nature of DSD and SP specifications by requiring that each ANDA applicant provide its own distinct specifications
Section 314.80 - Postmarketing reporting of adverse drug experiences
21 C.F.R. § 314.80 Cited 114 times 7 Legal Analyses
Requiring report of “serious and unexpected” adverse event within 15 days
Section 314.81 - Other postmarketing reports
21 C.F.R. § 314.81 Cited 46 times 27 Legal Analyses
Requiring transmittal of the advertisement with Form FDA-2253
Section 208.24 - Distributing and dispensing a Medication Guide
21 C.F.R. § 208.24 Cited 40 times
Requiring drug manufacturers to make Medication Guides available for distribution to each patient with each prescription, by providing them—or the means to produce them—to distributors, packers, or authorized dispensers of the drug

Weaver v. Eli Lilly And Company

77 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

Holding that federal drug and medical device laws pre-empted a state tort-law claim based on failure to properly communicate with the FDA

Holding "state-law design-defect claims that turn on the adequacy of a drug's warnings are pre-empted by federal law under PLIVA"

Explaining non-moving party's burden is not satisfied by "some metaphysical doubt as to the material facts, by conclusory allegations, by unsubstantiated assertions, or by only a scintilla of evidence"

Holding that more than a scintilla of evidence requires "reasonable and fair-minded people to differ in their conclusions."

Holding that expert testimony was required to establish causation in products liability case, because “ lay juror's general experience and common knowledge do not extend to whether design defects such as those alleged in this case caused releases of diesel fuel during a rollover accident”

Declining to consider articles attached to a prior pleading when the articles were not referenced in a summary judgment response

Holding that "mere conclusory allegations are not competent summary judgment evidence, and . . . are insufficient, therefore, to defeat a motion for summary judgment"

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Adopting Fed.R.Civ.P. 37

Adopting the sanctions authorized by Rule 37(b)

Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations

Defining the standard for gross negligence

Permitting recovery of exemplary damages if the claimant proves that fraud, malice, or gross negligence caused the harm at issue

Adopting UCC § 2–314 as Texas law

Defining seller as a "person who is engaged in the business of distributing or otherwise placing, for any commercial purpose, in the stream of commerce for use or consumption a product or any component part thereof"

Describing the ways in which a seller creates express warranties

Providing that, where tender has been accepted, "the buyer must within a reasonable time after he discovers or should have discovered any breach notify the seller of breach or be barred from any remedy"

Defining "major changes" as those "requiring supplement submission and approval prior to distribution of the product"

Recognizing the proprietary nature of DSD and SP specifications by requiring that each ANDA applicant provide its own distinct specifications

Requiring report of “serious and unexpected” adverse event within 15 days

Requiring transmittal of the advertisement with Form FDA-2253

Requiring drug manufacturers to make Medication Guides available for distribution to each patient with each prescription, by providing them—or the means to produce them—to distributors, packers, or authorized dispensers of the drug