Johnson County, Tenn. v. US Gypsum Co.

MEMORANDUM and ORDER

HULL, Chief Judge.

Several motions are currently pending in this products liability action.

Defendants U.S. Gypsum Company and National Gypsum Company have moved, pursuant to Rule 56(b), Federal Rules of Civil Procedure, for partial summary judgment in regard to certain of the plaintiff’s theories of liability. [Doc. 124]. More specifically, they claim that, as a matter of law, the plaintiff cannot prevail on any claim of public misrepresentation, negligent misrepresentation or fraud because plaintiff will be unable to prove the requisite element of justifiable reliance. In…