Case Information
*1 IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA MELANIE ATKINSON, CIVIL ACTION Plaintiff, v. LUITPOLD PHARMACEUTICALS, INC., NO. 19-277 AMERICAN REGENT, INC., DAIICHI SANKYO, INC., DAIICHI SANKYO CO., LTD, AND VIFOR PHARMACEUTICALS MANAGEMENT LTD ,
Defendants. O R D E R
AND NOW , this 23rd day of March, 2020, upon consideration of Defendants American Regent, Inc., Daiichi Sankyo, Inc., and Daiichi Sankyo US Holdings, Inc.’s Motion to Dismiss for Failure to State a Claim and briefing in support thereof (ECF Nos. 64 & 91), and Plaintiff’s response thereto (ECF No. 88), IT IS HEREBY ORDERED that the Motions to Dismiss are GRANTED as follows:
1. Defendants’ Motions to Dismiss Count I (negligence) and Count XI (gross negligence) are GRANTED . Counts I and XI are DISMISSED WITHOUT PREJUDICE to asserting a theory of failure to test.
2. Count III (negligent design defect), Count IV (negligent misrepresentation), Count VIII (breach of express warranty), Count IX (breach of implied warranty), and Count X (breach of consumer protection laws) are DISMISSED WITH PREJUDICE upon Plaintiff’s representation that she is no longer pursuing these claims.
3. Defendants’ Motions to Dismiss Count II (negligent failure-to-warn), Count V (fraud), Count VI (strict liability failure-to-warn), and Count VII (strict liability defective *2 design) are GRANTED . Counts II, V, VI, and VII are DISMISSED WITH PREJUDICE .
IT IS FURTHER ORDERED that Plaintiff’s motion for leave to amend is HEREBY GRANTED. Plaintiff shall amend her Complaint on or before April 23, 2020 . The Amended Complaint shall not include any claims that have been dismissed with prejudice.
BY THE COURT:
/s/Wendy Beetlestone, J _______________________________
WENDY BEETLESTONE, J.
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