Bland et al v. Abbott Laboratories, Inc.
||Mikki Bland, Caleb Bland and Mikki and Caleb Bland
||Abbott Laboratories, Inc.
||August 3, 2011
||US District Court for the Western District of Kentucky
||John G. Heyburn
|Nature of Suit:
||Personal Injury- Product Liability
|Cause of Action:
|Jury Demanded By:
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|February 16, 2012
MEMORANDUM OPINION AND ORDER by Judge John G. Heyburn, II on 2/15/12 granting in part and denying in part 4 Motion to Dismiss; Counts IV (Negligent Misrepresentation, V (Breach of Express Warranty),and VI (Breach of Implied Warranty of Merchantability) are hereby DISMISSED. Counts I (Negligence), and II (Strict Liability) remain; Defendants motion to dismiss Plaintiffs claims for medical expenses is DENIED and Plaintiff, J.B., may pursue his claim for medical expenses. cc:counsel (DAK)
|January 6, 2012
MEMORANDUM OPINION AND ORDER by Judge John G. Heyburn, II on 1/6/2012 re 4 MOTION to Dismiss filed by Abbott Laboratories, Inc. IT IS HEREBY ORDERED that Defendant's Motion to Dismiss is SUSTAINED as to Counts III, VII, VIII, IX, and X and th ose counts are DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that Defendant's motion to dismiss the claims of Mikki and Caleb Bland for emotional distress damages are SUSTAINED and these claims are DISMISSED. The Court will address Defendant's motion as to the remaining issues in a separate memorandum, and after a conference to be scheduled. cc: Counsel (CDF)
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