Poole v. Alpha Therapeutic Corp.

MEMORANDUM AND ORDER

MORAN, District Judge.

Defendants move to dismiss five counts of plaintiffs’ eight-count complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. These counts are as follows: counts III and VI state claims for relief based on strict products liability; counts II and V seek punitive damages, II under the Illinois Survival Act and V under the Illinois Wrongful Death Act; and count VIII asserts a claim on behalf of Peggy Poole for negligent infliction of emotional distress. Defendants also move for sanctions under Fed.R.Civ.P. 11. Since plaintiffs have…