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RIMBERT v. ELI LILLY AND CO.

No. CIV 06-0874 JB/LFG.

577 F.Supp.2d 1174 (2008)

Mark Gilbert RIMBERT, individually, and as Personal Representative of the Estates of Gilbert John Rimbert, and Olivia Acosta Rimbert, deceased, Plaintiff, v. ELI LILLY AND COMPANY, Defendant.

United States District Court, D. New Mexico.

August 22, 2008.

Attorney(s) appearing for the Case

Arnold Anderson (Andy) Vickery, Vickery, Waldner & Mallia, LLP, Houston, TX, for Plaintiff.

Thomas A. Outler, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, NM, and Andrew See, Katherine M. Hihath, Shook, Hardy & Bacon, LLP Kansas City, MO, for Defendant.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on Defendant Eli Lilly and Company's Motion for Summary Judgment on All Claims, filed March 19, 2008 (Doc. 55)("Motion"). The Court held a hearing on May 16, 2008. The primary issues are: (i) whether the Court should certify to the Supreme Court of New Mexico the legal issue whether New Mexico law recognizes the learned-intermediary doctrine...

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