Lefaivre v. KV Pharmaceutical Company, et al.
| Allen Lefaivre |
| Ethex Corporation, KV Pharmaceutical Co. and Ther-Rx Corporation |
| 4:2009cv00588 |
| April 15, 2009 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Louis - City |
| Stephen N Limbaugh |
| Tort Product Liability |
| 28 U.S.C. ยง 1332 Diversity-Product Liability |
| Plaintiff |
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| Document Text |
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Filing
77
MEMORANDUM...Therefore, Plaintiff has not stated a breach of the implied warranty of merchantability claim upon which relief may be granted under either Texas or Missouri law. For the above-stated reasons, the Court will grant the Defendants motion to dismiss. Signed by Honorable Stephen N. Limbaugh, Jr on 12/15/2011. (JMC)
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Filing
33
MEMORANDUM - Because plaintiff Lefaivre's state law claims are based entirely on violations of FDCA regulations, and because enforcement of the FDCA is solely the province of the federal government, the claims are preempted and plaintiff has failed to state a cause of action. Accordingly, the case shall be dismissed. Signed by Honorable Stephen N Limbaugh, Jr on 1/5/10. (LAH, )
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