Matos v. Eli Lilly and Company
||Eli Lilly and Company
||January 6, 2012
||US District Court for the District of Kansas
||John W. Lungstrum
||David J. Waxse
|Nature of Suit:
||Personal Injury- Product Liability
|Cause of Action:
|Jury Demanded By:
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|May 23, 2012
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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