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.