Documents (11)

Motion to Dismiss Cross-Claim - Defective Parking Lot Construction; Arnstein & Lehr LLP; 03.11.2016

Case Topics: Breach of Contract, Breach of Guaranty, Breach of Warranty – Grounds for Moving: Plaintiff cannot claim a breach of warranty that is assigned away and as such Plaintiff's claim fails as a matter of law.

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Motion to Dismiss - Defective Parking Lot Construction - Reply; Arnstein & Lehr LLP; 02.09.2016

Case Topics: Breach of Contract, Breach of Guaranty, Breach of Warranty – Grounds for Moving: Plaintiff fails to allege sufficient facts in support of its claim. Complaint ignores the limited nature of warranty.

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Motion to Dismiss - Defective Parking Lot Construction - Response; Katten Muchin Rosenman LLP; 02.02.2016

Case Topics: Breach of Contract, Breach of Guaranty, Breach of Warranty – Grounds for Moving: Plaintiff fails to allege sufficient facts in support of its claim. Complaint ignores the limited nature of warranty.

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Motion to Dismiss - Defective Parking Lot Construction; Arnstein & Lehr LLP; 01.15.2016

Case Topics: Breach of Contract, Breach of Guaranty, Breach of Warranty – Grounds for Moving: Plaintiff fails to allege sufficient facts in support of its claim. Complaint ignores the limited nature of warranty.

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Motion to Dismiss Cross-Claim and Cross-Complaint - Defective Parking Lot Construction - Reply; Arnstein & Lehr LLP; 04.20.2016

Case Topics: Breach of Contract, Breach of Guaranty, Breach of Warranty – Grounds for Moving: Plaintiff cannot claim a breach of warranty that is assigned away and as such Plaintiff's claim fails as a matter of law. Defendant is neither a party to the contract nor in privity with a party to the contract.

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Motion to Dismiss Cross-Claim and Cross-Complaint - Defective Parking Lot Construction - Responses; Kelleher & Buckley LLC; 04.05.2016

Case Topics: Breach of Contract, Breach of Guaranty, Breach of Warranty – Grounds for Moving: Plaintiff cannot claim a breach of warranty that is assigned away and as such Plaintiff's claim fails as a matter of law. Defendant is neither a party to the contract nor in privity with a party to the contract.

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Motion to Dismiss - Drug Administration and Informed Consent Negligence; Jones Day; 11.12.2014

Case Topics: Medical Negligence, Informed Consent, Assault and/or Battery, Res Ipsa Loquitur, Products or Premises Liability, Breach of Warranty, Misrepresentation, Punitive Damages – Grounds for Moving: Plaintiff was prescribed drug for a non-indicated use. Failure to provide express warranty. Actual facts of alleged defect not provided. Deficiency in negligent misrepresentation claim.

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Motion to Dismiss - Drug Administration and Informed Consent Negligence; Jones Day; 08.20.2014

Case Topics: Medical Negligence, Informed Consent, Assault and/or Battery, Res Ipsa Loquitur, Products or Premises Liability, Breach of Warranty, Misrepresentation, Punitive Damages – Grounds for Moving: Failure to provide any document containing express warranty. Allegations are too vague to support warranty claims. Misrepresentation not pled with required particularity.

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Motion to Dismiss - Drug Administration and Informed Consent Negligence - Response; Barney & Karamanis LLP; 01.12.2015

Case Topics: Medical Negligence, Informed Consent, Assault and/or Battery, Res Ipsa Loquitur, Products or Premises Liability, Breach of Warranty, Misrepresentation, Punitive Damages – Grounds for Moving: Plaintiff was prescribed drug for a non-indicated use. Failure to provide express warranty. Actual facts of alleged defect not provided. Deficiency in negligent misrepresentation claim.

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Motion to Dismiss - Drug Administration and Informed Consent Negligence - Reply; Jones Day; 01.26.2015

Case Topics: Medical Negligence, Informed Consent, Assault and/or Battery, Res Ipsa Loquitur, Products or Premises Liability, Breach of Warranty, Misrepresentation, Punitive Damages – Grounds for Moving: Plaintiff was prescribed drug for a non-indicated use. Failure to provide express warranty. Actual facts of alleged defect not provided. Deficiency in negligent misrepresentation claim.

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Motion to Dismiss - Pharmaceutical Negligence & Fraud; Winston & Strawn LLP; 06.04.2014

Case Topics: Products or Premises Liability, Pharmaceutical Negligence, Breach of Warranty, Misrepresentation – Grounds for Moving: Failure to make plausible factual allegations that drug caused injury. Learned Intermediary Doctrine only required drug warning to doctors. Claim not recognized in plaintiff's home state. Plaintiff does not allege the content of warranties or how he relied on them. Failure to allege particular facts upon which plaintiff relied and was injured.

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