Boone v. Boehringer Ingelheim Pharmaceuticals, Inc.

Summary

The court affirmed the judgment for the defendants after rejecting four challenges to the trial proceedings and pretrial rulings. It held that the plaintiff could not challenge restrictions on spoliation evidence after inducing the trial court to use a streamlined adverse-inference procedure, that excluded deposition testimony was not proper rebuttal, that the design-defect claim based on the absence of a reversal agent was federally preempted, and that the curative instruction concerning a preempted failure-to-test theory was not reversible error.