Legal Opinion
McDaniel v. Upsher-Smith Pharmaceuticals, Inc.
District Court, W.D. Tennessee
Decided January 26, 2017No. 2:16-cv-02604-JPM-cgcPublishedCited by 1 opinion
1Opinion of the Court
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS
JON P. McCALLA, UNITED STATES DISTRICT JUDGE
Before the Court is Defendant Upsher-Smith Pharmaceuticals, Inc.’s Motion to Dismiss, filed August 22, 2016. (ECF No. 17.) For the reasons stated below, the Motion to Dismiss is GRANTED in part and DENIED in part.
I. BACKGROUND
A. Factual Background
Rita McDaniel brings an action on behalf of the estate of Johnny F. McDaniel for wrongful death. Plaintiff asserts that her husband was prescribed 200 mg amio-darone tablets in May 2015 for treatment of his non-life-threatening atrial…
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