Cowan Ex Rel. Cowan v. Lederle Laboratories

MEMORANDUM AND ORDER

EARL E. O’CONNOR, Chief Judge.

This matter comes before the court on defendant’s motion for summary judgment. The motion asserts that five counts of the complaint are barred by the applicable statutes of limitation and that one of the counts also fails to state a claim upon which relief can be granted. Subsequent to the filing of this motion, we granted plaintiffs leave to add a sixth count. Because recovery under this sixth count is dependent upon plaintiffs’ recovery under Count II, we will address all six counts in this memorandum.

Summary judgment is appropriate where…