Motus

Motus v. Pfizer Inc.

Good Law
358 F.3d 659·2004 WL 231231
United States Court of Appeals for the Ninth CircuitFebruary 9, 2004Nos. 02-55372, 02-55498California536 words

Opinion

Lead Opinion

Tallman, J.

Plaintiff Flora Motus claims that her husband suffered from an adverse reaction to the drug Zoloft, which she contends induced him to commit suicide. She argues that Pfizer Inc., as Zoloft’s manufacturer, is liable because the company failed to provide adequate warnings to doctors of alleged side-effects associated with the antidepressant. The district court granted Pfizer’s motion for summary judgment, holding that Motus failed to establish a sufficient causal link between her husband’s suicide and Pfizer’s conduct. See Motus v. Pfizer, Inc., 196 F.Supp.2d 984 (C.D.Cal.2001). Because the district court there described the facts of this case in detail we repeat only the essential ones here. Upon de novo review, see Salve Regina Coll. v. Russell, 499 U.S. 225, 231-35 , 111 S.Ct. 1217 , 113 L.Ed.2d 190 (1991), we affirm. In light of our disposition, we need not reach the pre-emption issues raised by Pfizer on cross-appeal.

Because this is a diversity action, we apply California substantive law and federal rules of procedure. See Bank of California v. Opie, 663 F.2d 977, 979 (9th Cir.1981) (“[In] a diversity case, federal law alone governs whether evidence is sufficient to raise a…

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