Metz v. Wyeth LLC’s Empirical Analysis

Citation profile

1 federal appellate · 1 district · 1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he vast majority of courts, in Florida and elsewhere, that have addressed the issue now before the Court have consistently held that consumers may not bring claims for negligence, fraud, strict liability, misrepresentation, or breach of warranty against a brand-name pharmaceutical manufacturer when the consumers only ingested generic versions of the drug manufactured by third parties. See, e.g., Bell v. Pfizer Inc., 2011 WL 904161 (E.D.Ark. March 16, 2011); Howe v. Wyeth, Inc., 2010 WL 1708857 (M.D.Fla. April 26, 2010); Levine v. Wyeth, Inc., 684 F.Supp.2d 1338 (M.D.Fla.2010); Dietrich v. Wyeth, Inc., 2009 WL 4924722 (Fla.Cir.Ct. Dec. 21, 2009); Sharp v. Leichus, 2006 WL 515532 (Fla.Cir.Ct. Feb. 17, 2006),....”

   1 later decision quote this exact passage · from the majority
   e.g. 877 F. Supp. 2d 466 - Lashley v. Pfizer, Inc.

2. “many of the pre-[PLIVA] decisions in Florida and elsewhere apparently assumed that consumers would have a remedy against generic drug manufacturers”

   1 later decision quote this exact passage · from the majority
   e.g. Wyeth, Inc. v. Danny Weeks and Vicki Weeks