Jeanine Rapa v. Novartis Pharmaceuticals Corp., No. 14-3612 (8th Cir. 2015)

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Court Description: Per Curiam - Before Smith, Bowman and Colloton, Circuit Judges] Civil case. Defendant's summary judgment in products-liability action affirmed without comment.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-3612 ___________________________ John Rapa lllllllllllllllllllll Plaintiff Jeanine Rapa, In a representative capacity for John Rapa lllllllllllllllllllll Plaintiff - Appellant v. Novartis Pharmaceuticals Corporation lllllllllllllllllllll Defendant - Appellee ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: June 9, 2015 Filed: June 23, 2015 [Unpublished] ____________ Before SMITH, BOWMAN, and COLLOTON, Circuit Judges. ____________ PER CURIAM. Jeanine Rapa, in a representative capacity for her deceased husband John Rapa, appeals from the order of the District Court1 dismissing with prejudice a products-liability action originally brought by John Rapa against Novartis Pharmaceuticals Corporation. We have carefully reviewed the record and the parties’ arguments on appeal, and we find no basis for reversal. See Plymouth Cnty., Iowa v. MERSCORP, Inc., 774 F.3d 1155, 1158 (8th Cir. 2014) (reviewing de novo a district court’s standing determination); see also In re Baycol Prods. Litig., 616 F.3d 778, 785 (8th Cir. 2010) (applying substantive state law to determine “who can qualify as a proper party for substitution”). Accordingly, we affirm. ______________________________ 1 The Honorable Audrey G. Fleissig, United States District Judge for the Eastern District of Missouri. -2-

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