Pharmaceutical Negligence Motions to Dismiss
Motion to Dismiss - Prescription Drug Personal Injury; Winston & Strawn LLP; 06.09.2014
Case Topics: Strict Liability, Pharmaceutical Negligence, Breach of Contract, Fraud, Misrepresentation, Concealment, Illinois Consumer Fraud and Deceptive Business Practices Act, Infliction of Emotional Distress, Loss of Consortium – Grounds for Moving: Presence of proper warnings of possible risks. Lack of plausible factual allegations of causation.
Motion to Dismiss - Prescription Drug Personal Injury - Reply; Winston & Strawn LLP; 08.28.2014
Case Topics: Strict Liability, Pharmaceutical Negligence, Breach of Contract, Fraud, Misrepresentation, Concealment, Illinois Consumer Fraud and Deceptive Business Practices Act, Infliction of Emotional Distress, Loss of Consortium – Grounds for Moving: Presence of proper warnings of possible risks. Lack of plausible factual allegations of causation.
Motion to Dismiss - Pharmaceutical Birth Defects - Response; TorHoerman Law LLC; 11.21.2014
Case Topics: Strict Liability, Products or Premises Liability, Pharmaceutical Negligence, Breach of Contract, Misrepresentation, Concealment – Grounds for Moving: Lack of Personal Jurisdiction - Out of State
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.