SCHILF v. ELI LILLY & CO.

No. 11-2082.

687 F.3d 947 (2012)

Paul SCHILF; Cynthia Schilf, as Special Administrators for the Estate of Peter Raymond Schilf, Deceased; Paul Schilf; Cynthia Schilf, Individually, Appellants, v. ELI LILLY & COMPANY; Quintiles Transnational Corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 3, 2012.


Attorney(s) appearing for the Case

James D. Leach , argued, Rapid City, SD, Arnold Anderson (Andy) Vickery, on the brief, Houston, TX, for appellants.

William Taylor , argued, Sioux Falls, SD, Andrew See , William F. Northrip , Christopher Paul Gramling , Kansas City, MO, Jennifer Lynn Wollman , Sioux Falls, SD, for appellees.

Before GRUENDER, BENTON, and SHEPHERD, Circuit Judges.


BENTON, Circuit Judge.

Paul R. and Cynthia J. Schilf sued Eli Lilly & Company and Quintiles Transnational Corporation ("Lilly"). They alleged Lilly's failure to warn and deceit caused the death of their son, Peter Raymond Schilf. Lilly moved for summary judgment, which the district court granted. Jurisdiction being proper under 28 U.S.C. § 1291, this court reverses and remands.

I.

This court states...

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