Fagan v. AmerisourceBergen Corp.

SUMMARY ORDER

Appellant Timothy Fagan (“Fagan”) appeals from a District Court decision (Sandra J. Feuerstein, Judge) dismissing appellee Amgen Inc. (“Amgen”) from Fagan’s personal injury action. Although Fagan’s action is proceeding against the other defendants, the court’s decision as to Amgen is before us pursuant to the court’s certification of that decision as final under Federal Rule of Civil Procedure 54(b). We assume the parties’ familiarity with the facts, decision below, and issues on appeal.

Fagan’s action for negligence is based on injuries he sustained when an unknown third party…