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No. 120653-54
| Tamara
Taylor and Lee Anne Rintz, |
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Plaintiffs-Appellees,
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| vs (Appeal
from Ct of Appeals) |
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(Wayne
-- Battani)
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| A. H. Robins Company, Inc., |
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Ronald S. Longhofer (313) 465-7000 |
| Wyeth-Ayerst Laboratories Company and |
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| American Home Products Corporation, |
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Defendants-Appellants,
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| and |
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| Gate Pharmaceuticals, et al, |
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Defendants.
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| ------------------------------------------------------- |
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| Judith H. Robards and Kenneth W. Robards, |
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Plaintiffs-Appellees,
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| v |
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| A. H. Robins Company, Inc. |
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Ronald S. Longhofer (313) 465-7000 |
| Wyeth-Ayerst Laboratories Company, and |
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| American Home Products Corporation, |
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Defendants-Appellants,
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| and |
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| Gate Pharmaceuticals, et al, |
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Defendants.
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Click to view briefs in Adobe format:
Plaintiffs-Appellees' Brief on Appeal>>
Defendants-Appellants' Brief on Appeal>>
Defendants-Appellants' Reply Brief>>
Product Liability Advisory Council Amicus
Curiae Brief>>
Michigan Manufacturers Association Amicus
Curiae Brief>>
Background
This appeal involves two cases, one filed in Washtenaw County and one
filed in Wayne County. The plaintiffs are people who took the diet drugs
known as Fen-Phen and Redux. The plaintiffs have sued a number of drug
manufacturers and sellers, claiming that the drugs caused lung and cardiovascular
injuries. In both cases, the defendants moved to dismiss the claims.
They argued that a 1995 Michigan statute limited their liability. That
statute provides that a drug manufacturer or seller is not liable "if
the drug was approved for safety and efficacy by the United States food
and drug administration and the drug and its labeling were in compliance
with the United States food and drug administration's approval at the
time the drug left the control of the manufacturer or seller."
The plaintiffs did not dispute that the drug was FDA-approved at the
time it left the defendants' control. Instead, the plaintiffs responded
that the statute violates the Michigan Constitution by delegating legislative
power to the Food and Drug Administration (FDA). The statute amounts
to a delegation of power because it allows the FDA to define which drugs
may be subject to a products liability lawsuit in Michigan, the plaintiffs
contended. Wayne County Circuit Judge Marianne O. Battani agreed that
the statute was unconstitutional and denied the defendants' motion.
In the Washtenaw County lawsuit, however, Washtenaw County Circuit Judge
David S. Swartz held that the statute was constitutional and dismissed
the plaintiffs' suit. In an appeal that consolidated both cases, the
Court of Appeals held, in a published 2-1 decision, that the statute
was unconstitutional. The defendants appeal.
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