Legal Opinion

Utts v. Bristol-Myers Squibb Co.

District Court, S.D. New York

Decided May 8, 2017No. 16cv5668(DLC)PublishedCited by 43 opinions

1Opinion of the Court

OPINION AND ORDER

DENISE COTE, District Judge:

Plaintiffs Charlie and Ciara Utts bring this product liability lawsuit against defendants Bristol-Myers Squibb Company (“BMS”) and Pfizer Inc. (“Pfizer”), alleging that Mr. Utts suffered severe gastrointestinal bleeding from taking Eliquis, a prescription drug manufactured, marketed, and distributed by the defendants. They assert that thé label did not adequately warn of the risk of excessive bleeding.

The defendants have moved to dismiss the Second Amended Complaint (“SAC”) pursuant to Federal Rules of Civil Procedure 12(b)(6) and 9(b). The primary…

2Cases cited41 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Neitzke v. WilliamsSupreme Court of the United States · 1989
  4. Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
  5. Wyeth v. LevineSupreme Court of the United States · 2009

36 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Gibbons v. Bristol-Myers Squibb Co.Court of Appeals for the Second Circuit · 2019
  2. Marroquin v. Pfizer, Inc.District Court, E.D. California · 2019
  3. Contrera v. LangerDistrict Court, S.D. Illinois · 2018
  4. Daniels v. Northcoast Anesthesia Providers, Inc.Ohio Court of Appeals · 2018
  5. S&R Dev. Estates, LLC v. Town of GreenburghDistrict Court, S.D. Illinois · 2018

38 more not listed; retrieve them via the Exa API.

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