Murrell et al v. Wyeth Incorporated et al
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|Date Filed||#||Document Text|
|May 3, 2013
ORDER granting in part and denying in part 9 Motion to Dismiss for Failure to State a Claim.Plaintiffs breach of express warranty claim (count six) is dismissed with prejudice, and Plaintiffs fraud and strict liabilityfailure to warn claims (count s two and three) are dismissed with leave to amend. Plaintiffs shall have 20 days to file an amended complaint. Plaintiffs must complete proper service on Defendants Pharmacia &Upjohn Co. and Wyeth, LLC within 60 days of the date of this order. If Plaintiffs fail to provide proof of service or obtain waivers of service within 60 days, their claims against these Defendants will be dismissed. Signed by Judge David G Campbell on 5/3/2013.(TCA)
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