Montgomery v. Wyeth, No. 08-5701

In an action claiming that Plaintiff suffered injuries by using Defendant's weight loss drug, the dismissal of the action is affirmed where: 1) the claim was barred by Tennessee's statute of repose, which requires that an action be brought within one year after the expiration of the anticipated life of the product; and 2) a class-action settlement concerning the drug did not preclude her from bringing her claim.

Read Montgomery v. Wyeth, No. 08-5701

Appellate Information

Argued: January 14, 2009

Decided and Filed: August 28, 2009

Judges

Opinion by Judge Surhheinrich

Counsel

For Appellant:

Gregory J. Bubalo, Bubalo, Hiestand & Rotman, PLC, Louisville, KY

For Appellees:

Michael T. Scott, Reed Smith LLP, Philadephia, PA