Just the Facts
The name of the Fusemeier prescription drug prescribed to Whiteberry
What is Targetall?
The two grounds on which Whiteberry filed suit in the 555th Judicial District Court.
What are strict liability and negligence?
________'s primary argument on issue 2 is that negligent design is not a separate claim available.
What is Fusemeier Pharmaecutical?
This judge wrote the dissenting opinion in this case between Whiteberry and Fusemeier.
Who is Judge Toben?
Whiteberry suffered acute injury to this body part, which is a known side effect of Targetall.
What is the kidney?
The motion Fusemeier filed at the district court level which underlies the current appeal.
What is a motion for summary judgment?
_____'s primary argument on issue 2 is that negligence is an available theory.
What is Whiteberry?
This Court has consistently recognized a "fundamental difference" between strict liability and negligence claims (and is cited on page 30).
The TX Supreme Court (and the Texas Appellate Courts)
The more expensive to produce between Targetall and Targetall-NEXT
What is Targetall-NEXT?
The prevailing party at both the district court and court of appeals level.
What is Fusemeier Pharmaceutical Company?
Comment k says nothing about this theory
What is a negligence theory?
This is probably Whiteberry's favorite case from the Supreme Court of Pennsylvania (hint - it involves phen-fen).
What is Lance v. Wyeth?
Targetall is this sort of compound, meaning it has equal amounts of two different types of enantiomers.
What is a racemic compound?
The standard of appellate review the Supreme Court of Texas will apply in this case.
What is de novo review?
The focus for _____ is on the supplier's standard of care.
What is negligence?
This federal S.D. Tex. case involving claims against Pfizer held that a negligent-design claim fails along with a strict-liability claim as a matter of law.
Who is Moncibiaiz v. Pfizer, Inc. (S.D. Tex. 2021)?
The chemical difference between Targetall and Targetall-NEXT is that Targetall-NEXT is made of the pure ____ form of antafistine.
What is dextro?
This is the procedural consequence if Whiteberry prevails at the Texas Supreme Court.
What is remanding to the trial court for further proceedings?
Comment k arose during the development of this provision of the Restatement relating to strict liability
What is Section 402A?
This TX S.Ct. case held that a plaintiff can proceed on both strict liability and negligence theories (and involved a tractor).
What is Gonzales v. Caterpillar Tractor Co.?