Legal Opinion

Johnson v. SmithKline Beecham Corp.

District Court, E.D. Pennsylvania

Decided April 1, 2015No. Civ. No. 11-5782Published

1Opinion of the Court

MEMORANDUM

DIAMOND, District Judge.

In this products liability action, Debra Johnson alleges that over 50 years ago, thalidomide — a morning sickness medication manufactured and distributed by Defendants — caused her to suffer severe birth defects. Because the governing one-year limitations period has long expired, I will grant summary judgment and dismiss Plaintiffs claims as time-barred.

I. PROCEDURAL BACKGROUND

Ms. Johnson is one of fifty-two Plaintiffs born in the late 1950s or early 1960s who have brought thalidomide actions in this Court. I have recently set forth the lengthy history of…

2Cases cited45 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  4. Hertz Corp. v. FriendSupreme Court of the United States · 2010
  5. Brooke Group Ltd. v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 1993

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