Legal Opinion
Ruth v. Purdue Pharma Co.
District Court, S.D. New York
Decided November 5, 2004No. 04 Civ. 2101(GEL)PublishedCited by 1 opinion
1Opinion of the Court
OPINION AND ORDER
LYNCH, District Judge.
Plaintiff filed this personal injury action seeking damages for addiction and other disorders allegedly resulting from consumption of the prescription drug OxyContin. Jurisdiction is predicated on diversity of citizenship. After an answer had been filed, plaintiff moved to dismiss his action without prejudice pursuant to Fed.R.Civ.P. 41(a)(2). Defendants oppose the motion, at least to the extent of urging that the Court exercise its discretion under that rule to dismiss “upon such terms and conditions as the court deems proper.” Specifically, the…
2Cases cited4 opinions
- Pat Gross v. British Broadcasting Corporation, Twenty Twenty Television, Ltd.Court of Appeals for the Second Circuit · 2004
- Scholl v. Felmont Oil Corp.Court of Appeals for the Sixth Circuit · 1964
- Curlee Bowers v. St. Louis Southwestern Railway Company, a CorporationCourt of Appeals for the Eighth Circuit · 1981
- Woodzicka v. Artifex Ltd.District Court, E.D. Wisconsin · 1998
3Cited by1 opinion
- Spellman v. Takeda Development Center Americas, Inc.District Court, E.D. New York · 2021