Products or Premises Liability Motions to Dismiss
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 - 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.
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.
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.
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.