Latiolais

MEMORANDUM **

Michelle Latiolais appeals the district court’s grant of summary judgment to Merck & Co. (“Merck”) on her claim that Merck failed to adequately warn, as a result of inadequate testing, of claimed suicide risks associated with the cholesterol-lowering medication Zocor. She also appeals the district court’s denial of her motion to re-tax costs awarded to Merck. We affirm. 1

We review a district court’s grant of summary judgment de novo. Golden W. Refining Co. v. SunTrust Bank, 538 F.3d 1233, 1237 (9th Cir.2008). We view the evidence in the light most favorable to the nonmoving party and determine “whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law.” Id. We review the district court’s denial of a motion to re-tax costs for an abuse of discretion. See Ass’n of Mexican-Am. Educators v. California, 231 F.3d 572 , 592 (9th Cir.2000) (en banc).

Regarding the district court’s grant of summary judgment to Merck, Ms. Latiolais has not shown that there remains a genuine issue of material fact as to causation under California’s “learned intermediary” doctrine. See Motus v. Pfizer, Inc., 358 F.3d…