OPINION OF THE COURT
GREENBERG, Circuit Judge.
I. INTRODUCTION
This matter comes on before this Court on appeal and cross-appeal from an order of the District Court entered on December 30, 2008, granting summary judgment against plaintiff Patty Lee Smith and in favor of defendant Johnson and Johnson ("J & J"). We will affirm on Smith's appeal but will dismiss J & J's cross-appeal.
II. BACKGROUND
From April 2006 to October...
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