Mohr v. TARGETED GENETICS, INC.

OPINION

RICHARD MILLS, District Judge:

In sum: motion to dismiss denied; motion to remand allowed.

But first, the background.

ABBOTT’S MOTION TO DISMISS

I. INTRODUCTION

The Plaintiffs amended complaint purports to state two counts against Defendant Abbott Laboratories, Inc., strict products liability in Count III and wrongful death in Count IV. 1

The Plaintiff filed his initial complaint in the Circuit Court of Christian County, Illinois. Abbott, with the consent of the other Defendants, removed this case from state court on July 2, 2009. On August 13, 2009, Abbott moved to dismiss the Plaintiffs…