Burks et al v. Abbott Laboratories et al
Plaintiff: Evan E Burks, Adrienne Burks and Rockland Burks
Defendant: Bristol-Myers Squibb Company, Abbott Laboratories Inc, Abbott Laboratories, Abbott Laboratories Ross Products Division and Mead-Johnson & Co
Case Number: 0:2008cv03414
Filed: June 27, 2008
Court: US District Court for the District of Minnesota
Office: DMN Office
County: XX US, Outside State
Presiding Judge: Graham
Presiding Judge: Tunheim
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1332-pip-Diversity-Personal Injury, Product Liability
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
March 11, 2013 Opinion or Order Filing 439 ORDER denying defendants' 428 435 Motions to Amend the Court's Summary Judgment Order to Certify the Order for Interluctory Appeal (Written Opinion). Signed by Judge John R. Tunheim on March 11, 2013. (DML)
January 8, 2013 Opinion or Order Filing 417 MEMORANDUM OPINION AND ORDER (1) Granting in part and denying in part Mead Johnson & Co.'s 309 Motion for Summary Judgment. Motion is granted as to plaintiffs' derivativ e loss of consortium claims and those claims are dismissed with prejudice. Motion is denied as to plaintiffs' failure to warn claim under the LPLA. (2) Denying Abbott Laboratories' [ 327] Motion to Exclude Plaintiffs' Proposed Labeling Expert. (3) Denying Abbott Laboratories' 332 Motion to Exclude Plaintiffs' Proposed Causation Experts. (4) Denying Mead Johnson Co.'s 338 Motion to Exclude Expert Testimony. (5) Denying Mead Johnson Co.'s 392 Motion to Strike Supplemental Declaration of Dr. Janine Jason. (6) Denying defendants' 397 Motion to Supplement Record. (7) Granting in part and denying in part Abbott Laboratories' 321 Motion for Summary Judgment. Motion is granted as to plaintiffs' der ivative loss of consortium claims and those claims are dismissed with prejudice. Motion is denied as to plaintiffs' failure to warn claim under the LPLA. (Written Opinion). Signed by Judge John R. Tunheim on January 8, 2013. (DML)
October 31, 2011 Opinion or Order Filing 269 ORDER denying defendant Abbott Laboratories' 210 Appeal/Objection of Magistrate Judge Decision to District Judge re 209 Order on Motion to Compel; affirming Magistrate Judge's 209 Order on Motion to Compel(Written Opinion). Signed by Judge John R. Tunheim on October 31, 2011. (DML)
February 1, 2011 Opinion or Order Filing 171 ORDER re 170 Stipulation of Dismissal filed by Mead Johnson & Co. IT IS HEREBY ORDERED that the above-captioned action be and hereby is DISMISSED WITHOUT PREJUDICE as to Defendant Bristol-Myers Squibb Company.(Written Opinion). Signed by Judge John R. Tunheim on February 1, 2011. (HAM)
April 20, 2010 Opinion or Order Filing 130 MEMORANDUM OPINION AND ORDER granting in part and denying in part defendants' 115 119 Motions to Dismiss. Motions denied as to the Burks' claims for inadequate warning and as to the loss of consortium claims to the extent those claims are premised on the Burks' inadequate warning claims. Motions granted in all other respects. Burks' LPLA claims for construction or composition defect, design defect, and failure to conform to an express warranty are dismissed with prejudice (Written Opinion). Signed by Judge John R. Tunheim on April 20, 2010. (DML)
July 24, 2009 Opinion or Order Filing 104 MEMORANDUM OPINION AND ORDER (1) granting in part and denying in part 74 Motion to Dismiss. Motion is denied as to the plaintiffs' LPLA claims for inadequate warning. Motion is d enied as to the applicable statute of limitations for the parent-plaintiffs' derivative claims. Motion is granted in all other respects. Accordingly, Counts I, II, and III of the Third Amended Complaint are dismissed with prej udice. To the extent that the Court grants the motion with respect to the plaintiffs' LPLA claim, Count IV is dismissed without prejudice; (2) granting 79 Motion to Dismiss. Accordingly, Counts I, II, and III of the Third Amended Complaint are dismissed with prejudice. Count IV is dismissed without prejudice.; (3) denying 96 Motion for Leave to Supplement the Record; (4) denying 99 Motion for Leave to Supplement the Record (Written Opinion). Signed by Judge John R. Tunheim on Judge Tunheim. (DML)
November 5, 2008 Opinion or Order Filing 73 ORDER denying defendants Abbott Laboratories, Abbott Laboratories Ross Products Division, and Abbott Laboratories, Inc's 8 Motion to Transfer; denying defendants Bristol-Meyers Squibb Company and Mead Johnson & Co.'s 13 Motion to Transfer Venue (Written Opinion). Signed by Judge John R. Tunheim on November 5, 2008. (dml)
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Defendant: Bristol-Myers Squibb Company
Represented By: Sarah-NA E West
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Defendant: Abbott Laboratories Inc
Represented By: Jeannine L Lee
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Defendant: Abbott Laboratories
Represented By: Jeannine L Lee
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Defendant: Abbott Laboratories Ross Products Division
Represented By: Jeannine L Lee
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Defendant: Mead-Johnson & Co
Represented By: Sarah-NA E West
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Plaintiff: Evan E Burks
Represented By: Richard-NA H Taylor
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Plaintiff: Adrienne Burks
Represented By: Richard-NA H Taylor
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Plaintiff: Rockland Burks
Represented By: Richard-NA H Taylor
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