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IN RE ZYPREXA PRODUCTS LIABILITY LITIGATION

Nos. 04-MD-1596 (JBW), 05-CV-5305 (JBW).

653 F.Supp.2d 181 (2009)

In re ZYPREXA PRODUCTS LIABILITY LITIGATION. The Estate of Donna L. Smith, Plaintiff, v. Eli Lilly & Company, Defendant.

United States District Court, E.D. New York.

July 21, 2009.

Attorney(s) appearing for the Case

Anthony Chu, Capretz & Associates, Don K. Ledgard, James T. Capretz, Newport Beach, CA, C. Burt Newell, Bachelor & Newell, Hot Springs, AR, for Plaintiff.

Andrew R. Rogoff, Matthew J. Hamilton, Nina M. Gussack, Pepper Hamilton LLP, Philadelphia, PA, Samuel J. Abate, Jr., Pepper Hamilton LLP, New York, NY, for Defendant.

MEMORANDUM, ORDER AND JUDMENT ON RECONSIDERATION

JACK B. WEINSTEIN, Senior District Judge.

I. Introduction

Plaintiff moves for reconsideration of the court's May 21, 2009 grant of summary judgment to defendant Eli Lilly & Company ("Lilly"). Argument on the motion was heard on July 7, 2009. Plaintiffs claims against Lilly include negligence, strict products liability, failure to warn, breach of implied and express warranty, fraud and misrepresentation...

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