WARREN et al v. BOEHRING INGELHEIM INTERNATIONAL GmbH et al
| LARRY WARREN and TANYA WARREN |
| ABC CORPORATIONS, 1-10, BOEHRINGER INGELHEIM INTERNATIONAL GMBH, BOEHRINGER INGLEHEIM PHARMACEUTICALS INC., ELI LILLY AND COMPANY, JANE DOES 1-10, JOHN DOES 1 - 10 and LILLY USA, LLC |
| 1:2016cv01326 |
| May 27, 2016 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Sarah Evans Barker |
| Debra McVicker Lynch |
| Personal Injury: Health Care |
| 28 U.S.C. ยง 1332 Diversity-(Citizenship) |
| Plaintiff |
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Filing
33
ORDER granting in part and denying in part 20 Motion to Dismiss for Failure to State a Claim; granting 22 Motion to Dismiss for Failure to State a Claim - The Manufacturers' motion is GRANTED as to Counts (III) negligence, (IV) negligen t misrepresentation, (V) breach of implied warranty of merchantability, (VII) fraudulent misrepresentation, (VIII) fraudulent concealment, (IX) deceptive acts under Indiana's Deceptive Consumer Sales Act, and (XI) punitive damages. Those clai ms are DISMISSED WITH PREJUDICE. The Manufacturers' motion is GRANTED as to Count (VI) breach of express warranty. That claim is DISMISSED WITHOUT PREJUDICE. The Warrens may seek leave to replead the claim within fourteen days from the date of this Order. The Manufacturers' motion is DENIED as to Counts (I) defective design and (II) failure to warn, and derivatively as to Count (X) loss of consortium. Lilly's motion is GRANTED as to Counts (I) defective design and (II) failure to warn. Those claims as to Lilly are DISMISSED WITH PREJUDICE. ***SEE ORDER*** Signed by Judge Sarah Evans Barker on 9/8/2017. (LDH)
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