Matos v. Eli Lilly and Company

Matos v. Eli Lilly and Company

Plaintiff:	Nanci Matos
Defendant:	Eli Lilly and Company
Case Number:	6:2012cv01014
Filed:	January 6, 2012
Court:	US District Court for the District of Kansas
Office:	Wichita Office
County:	Sedgwick
Presiding Judge:	John W. Lungstrum
Presiding Judge:	David J. Waxse
Nature of Suit:	Personal Injury- Product Liability
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
May 23, 2012	Filing 20 MEMORANDUM AND ORDER granting in part and denying in part 15 Defendant's Motion to Dismiss.. The motion is granted with respect to plaintiff's claims of negligence, negligence per se, breach of implied warranty, breach of express warrant y, misrepresentation by omission, and fraudulent misrepresentation, and those claims are hereby dismissed. Plaintiff's strict liability claim is deemed asserted under the Kansas Product Liability Act (KPLA). The motion is also granted with res pect to plaintiff's claim under the Kansas Consumer Protection Act (KCPA), although plaintiff is granted leave to amend that claim on or before June 4, 2012. The motion is denied with respect to plaintiff's claim under the KPLA. Signed by District Judge John W. Lungstrum on 5/23/2012. (ses)

Date Filed

Document Text

May 23, 2012

Filing 20 MEMORANDUM AND ORDER granting in part and denying in part 15 Defendant's Motion to Dismiss.. The motion is granted with respect to plaintiff's claims of negligence, negligence per se, breach of implied warranty, breach of express warrant y, misrepresentation by omission, and fraudulent misrepresentation, and those claims are hereby dismissed. Plaintiff's strict liability claim is deemed asserted under the Kansas Product Liability Act (KPLA). The motion is also granted with res pect to plaintiff's claim under the Kansas Consumer Protection Act (KCPA), although plaintiff is granted leave to amend that claim on or before June 4, 2012. The motion is denied with respect to plaintiff's claim under the KPLA. Signed by District Judge John W. Lungstrum on 5/23/2012. (ses)

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Plaintiff: Nanci Matos
Represented By:	Jay H. Henderson
Represented By:	Andrew W. Hutton
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Defendant: Eli Lilly and Company
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