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Gillette v. Boehringer Ingelheim Pharmaceuticals, Inc.
683 F. App'x 538
| 8th Cir. | 2017
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*1 Before RILEY, MURPHY, and SHEPHERD, Circuit Judges.

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PER CURIAM.

*2 Kathryn Gillette and Raif Szczepanski appeal the district court’s adverse grant [1] of summary judgment in their diversity action for damages based on a prescription drug’s alleged side effect on Gillette. Having carefully reviewed the record and the parties’ arguments on appeal, we conclude that summary judgment was properly granted for the reasons stated by the district court. See Beaulieu v. Ludeman, 690 F.3d 1017, 1024 (8th Cir. 2012) (grant of summary judgment is reviewed de novo, viewing record in light most favorable to nonmovant); Integrity Floorcovering, Inc. v. Broan-Nutone, LLC, 521 F.3d 914, 917 (8th Cir. 2008) (district court’s determination of state law is reviewed de novo). Accordingly, the judgment is [2]

affirmed. See 8th Cir. R. 47B.

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[1] The Honorable Michael J. Davis, United States District Judge for the District of Minnesota, adopting the report and recommendation of the Honorable Franklin L. Noel, United States Magistrate Judge for the District of Minnesota.

[2] We do not consider allegations or claims that were not mentioned below. See Stone v. Harry, 364 F. 3d 912, 914 (8th Cir. 2001) (stating general rule that claims not presented in district court may not be advanced for first time on appeal). -2-

Case Details

Case Name: Gillette v. Boehringer Ingelheim Pharmaceuticals, Inc.
Court Name: Court of Appeals for the Eighth Circuit
Date Published: Apr 17, 2017
Citation: 683 F. App'x 538
Docket Number: 16-3567
Court Abbreviation: 8th Cir.
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