BIRCH v. ETHICON INC

UNITED STATES DISTRICT COURT DISTRICT OF MAINE JACKIE BIRCH, ) ) Plaintiff, ) ) v. ) Docket No. 1:20-cv-00278-NT ) ETHICON, INC., et al., ) ) Defendants. ) ) ORDER ON DEFENDANTS’ PARTIAL MOTION TO DISMISS Before me is the Defendants’ motion to dismiss three counts of the Plaintiff’s Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief can be granted. (“Defs.’ Mot.”) (ECF No. 12). For the reasons stated below, the motion to dismiss is GRANTED IN PART and DENIED IN PART. BACKGROUND In 2009, Plaintiff Jackie Birch was…