Raymond Rayes v. Novartis Pharmaceuticals Corpo

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 18 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

RAYMOND N. RAYES, No. 21-55723

Plaintiff-Appellant, D.C. No. 5:21-cv-00201-JGB-KK v.

NOVARTIS PHARMACEUTICALS MEMORANDUM*

CORPORATION,

Defendant-Appellee,

and

NOVARTIS AG; NOVARTIS PHARMA

AG; NOVARTIS INSTITUTES FOR

BIOMEDICAL RESEARCH, INC.;

NOVARTIS PHARMACEUTICALS UK

LIMITED; ALCON RESEARCH, LLC,

Defendants.

Appeal from the United States District Court for the Central District of California Jesus G. Bernal, District Judge, Presiding

Argued and Submitted March 10, 2022 San Francisco, California

Before: WALLACE, S.R. THOMAS, and McKEOWN, Circuit Judges.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Raymond N. Rayes alleges that he suffered eye injuries after receiving

injections of Beovu, a drug manufactured by Novartis Pharmaceuticals. Rayes sued

Novartis, alleging: strict liability failure to warn (Count I); negligence (Count…