Legal Opinion

Estate of Smith v. Eli Lilly & Co.

District Court, E.D. New York

Decided July 21, 2009No. Nos. 04-MD-1596 (JBW), 05-CV-5305 (JBW)PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM, ORDER AND JUDGMENT ON RECONSIDERATION

JACK B. WEINSTEIN, Senior District Judge.

I. Introduction

Plaintiff moves for reconsideration of the court’s May 21, 2009 grant of summary judgment to defendant Eli Lilly & Company (“Lilly”). Argument on the motion was heard on July 7, 2009. Plaintiffs claims against Lilly include negligence, strict products liability, failure to warn, breach of implied and express warranty, fraud and misrepresentation, and wrongful death.

The motion for reconsideration is granted. Insofar as the order and judgment were based on the running of the statute of…

2Cases cited10 opinions

  1. Bruce C. Shrader v. Csx Transportation, Inc.Court of Appeals for the Second Circuit · 1995
  2. Adams v. United StatesDistrict Court, S.D. New York · 1988
  3. Rank v. (Krug) United StatesDistrict Court, S.D. California · 1956
  4. In Re Prempro Products Liability LitigationCourt of Appeals for the Eighth Circuit · 2008
  5. TZ EX REL. CG v. City of New YorkDistrict Court, E.D. New York · 2009

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3Cited by1 opinion

  1. In Re Zyprexa Products Liability LitigationDistrict Court, E.D. New York · 2009

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