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In the middle was In re Lipitor (Atorvastatin Calcium) Marketing, Sales Practices. & Plaintiffs will not be heard to argue that they “could have shored up their cases by other means had they known their expert testimony would be found inadmissible.” Weisgram v. Marley Co. , 440, 455-56 (2000). Fru-Con Inc. , 3d 734 (7th Cir.
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For instance, plaintiffs in the vast majority of cases know that they will need evidence from a prescribing physician, testimony or affidavit for summary judgment and testimony for trial. 2004), where the Kentucky Supreme Court adopted the learned intermediary doctrine. The first is Larkin v. Pfizer, Inc. , 3d 758, 769-70 (Ky.
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