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Sheet Metal Workers Local 441 Health & Welfare Plan v. Glaxosmithkline

September 7, 2010

SHEET METAL WORKERS LOCAL 441 HEALTH & WELFARE PLAN, ET AL, PLAINTIFFS
v.
GLAXOSMITHKLINE, PLC, ET AL, DEFENDANTS



The opinion of the court was delivered by: Stengel, J.

ORDER

AND NOW, this 7th day of September, 2010, IT IS HEREBY ORDERED that upon consideration of Defendants' motion to dismiss plaintiffs' second amended class action complaint (Document #249), plaintiffs' response thereto (Document # 252) and defendants' reply to plaintiffs' response (Document # 256), IT IS HEREBY ORDERED that the motion is GRANTED in part and DENIED in part as follows:

1. The motion to dismiss plaintiffs' antitrust claims under the laws of the following states is GRANTED: California, New York.

2. The motion to dismiss plaintiffs' antitrust claims under the laws of the following states is DENIED: Arizona, Florida (as moot), Massachusetts (as moot), Michigan, Minnesota, Nevada, North Carolina, West Virginia, Wisconsin.

3. The motion to dismiss plaintiffs' consumer protection claims under the laws of the following states is GRANTED: Arizona, Colorado, Idaho, Massachusetts, Michigan, Nevada, New York, Oklahoma, Rhode Island.

4. The motion to dismiss plaintiffs' consumer protection claims under the laws of the following states is DENIED: Arkansas, California, Florida, Minnesota, Missouri, North Carolina, Pennsylvania.

5. The motion to dismiss plaintiffs' unjust enrichment claims under the laws of the following states is GRANTED: Alabama, Arkansas, California, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Kentucky, Louisiana, New York, Oklahoma, Rhode Island, Tennessee, Texas.

6. The motion to dismiss plaintiffs' unjust enrichment claims under the laws of the following states is DENIED: Iowa, Massachusetts, Michigan, Minnesota, Missouri, Nevada, North Carolina, Pennsylvania, West Virginia, Wisconsin.

LAWRENCE F. STENGEL, J.

20100907

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