Gelley v. Astra Pharmaceutical Products, Inc.

ORDER

MacLAUGHLIN, District Judge.

This matter comes before the Court on the defendants’ renewed motions to dismiss 1 for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(1) and (6). The defendant United States moves to dismiss on the grounds that no actionable tort duty was owed by Food and Drug Administration personnel to the plaintiff’s decedent under the circumstances and that the government is immune from liability because of the “discretionary function” and “misrepresentation” exceptions…