IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
March 30, 2011
KILEY WOLFE PLAINTIFF,
MCNEIL-PPC INC.; MCNEIL CONSUMER & SPECIALTY PHARMACEUTICALS, A DIVISION OF MCNEIL-PPC, INC.; MCNEIL CONSUMER HEALTHCARE, A DIVISION OF MCNEIL-PPC, INC.; JOHNSON & JOHNSON, INC., AND JOHNSON& JOHNSON PHARMACEUTICAL RESEARCH AND DEVELOPMENT, LLC, DEFENDANTS.
The opinion of the court was delivered by: Hon. Jan E. Dubois, J.
AND NOW, this 30th day of March 2011, upon consideration of Motion of Defendants for Summary Judgment (Document No. 65, filed August 27, 2010), Plaintiff's Response in Opposition to the Motion for Summary Judgment by All Defendants (Document No. 66, filed September 27, 2010), Reply Memorandum of Law in Support of Defendants' Motion for Summary Judgment (Document No. 105, filed October 20, 2010) and Plaintiff's Sur-Reply Memorandum in Opposition to Defendants' Motion for Summary Judgment (Document No. 120, filed November 15, 2010), for the reasons set forth in the Memorandum dated March 30, 2011, IT IS ORDERED that Motion of Defendants for Summary Judgment (Document No. 65, filed August 27, 2010) is DENIED IN PART and GRANTED IN PART, as follows:
1. Those parts of the motion that address plaintiff's claims for negligent failure to warn, strict liability failure to warn and punitive damages, are DENIED; and
2. The motion is GRANTED in all other respects.
BY THE COURT:
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