Riley et al v. Cordis Corporation et al
| Debra Riley and Marlyn Riley |
| Cordis Corporation and Johnson & Johnson |
| 0:2008cv05031 |
| August 27, 2008 |
| US District Court for the District of Minnesota |
| DMN Office |
| Grant |
| Erickson |
| Schiltz |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 -pip-Diversity-Personal Injury, Product Liability |
| Plaintiff |
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Filing
41
ORDER granting 4 Motion for Judgment on the Pleadings. The following claims are DISMISSED WITHOUT PREJUDICE as described more fully in the text of the Court's opinion: Plaintiffs' claims of failure to warn, fraud, express warranty, manuf acturing defect, and loss of consortium, insofar as such claims are premised on conduct (1) that violates the FDCA or its implementing regulations, and (2) that would give rise to a recovery under state law even in the absence of the FDCA or its impl ementing regulations. Plaintiffs may, within thirty days of the date of this order, file an amended complaint asserting the claims that have been dismissed without prejudice in 2 of this order. On the filing of an amended complaint, the stay 38 w ill be lifted. All remaining claims are DISMISSED WITH PREJUDICE AND ON THE MERITS. If plaintiffs fail to file an amended complaint as permitted in 2-3 within thirty days of this order, the Court will enter a final judgment disposing of this case. (Written Opinion). Signed by Judge Patrick J. Schiltz on 06/05/09. (bjs)
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