Legal Opinion
Utts v. Bristol-Myers Squibb Co.
District Court, S.D. New York
Decided December 23, 2016No. 16cv5668(DLC)PublishedCited by 15 opinions
1Opinion of the Court
OPINION AND ORDER
DENISE COTE, District Judge:
Plaintiffs Charlie and Ciara Utts bring this product liability lawsuit against defendants Bristol-Myers Squibb Company (“BMS”) and Pfizer Inc. (“Pfizer”), alleging that Mr. Utts suffered severe internal bleeding caused by taking Eliquis, a pre*173scription drug manufactured, marketed, and distributed by the defendants. The defendants have moved to dismiss the complaint pursuant to Federal Rules of Civil Procedure 12(b)(6) and 9(b). For the following reasons, the defendants’ motion is largely granted, with leave to amend most of the dismissed claims.
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2Cases cited31 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- Wyeth v. LevineSupreme Court of the United States · 2009
- Crosby v. National Foreign Trade CouncilSupreme Court of the United States · 2000
26 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Gibbons v. Bristol-Myers Squibb Co.Court of Appeals for the Second Circuit · 2019
- Utts v. Bristol-Myers Squibb Co.District Court, S.D. New York · 2017
- Holley v. Gilead Scis., Inc.District Court, N.D. California · 2019
- Gustavesen v. Alcon Laboratories, Inc.District Court, D. Massachusetts · 2017
- Anderson v. Merck & Co., Inc.District Court, N.D. California · 2022
10 more not listed; retrieve them via the Exa API.