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VITATOE v. MYLAN PHARMACEUTICALS, INC.

Civil Action No. 1:08CV85.

696 F.Supp.2d 599 (2010)

Tara VITATOE, individually and as next friend and natural mother of Jacobie Vitatoe, a minor, Plaintiff, v. MYLAN PHARMACEUTICALS, INC., Mylan, Inc., and Mylan Laboratories, Inc., Defendants.

United States District Court, N.D. West Virginia.

March 5, 2010.

Attorney(s) appearing for the Case

Cyndi M. Rusnak, Jimmy Williamson, Williamson & Rusnak, Ross A. Sears, II, Sears & Crawford, Houston, TX, T. Christopher Pinedo, Sanford Pinedo LLP, Corpus Christi, TX, Teresa C. Toriseva, Wexler Toriseva Wallace, Wheeling, WV, for Plaintiff.

Clem C. Trischler, Pietragallo, Bosick & Gordon, LLP, Pittsburgh, PA, for Defendants.

ORDER GRANTING-IN-PART AND DENYING-IN-PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT [DKT. NO. 67]

IRENE M. KEELEY, District Judge.

I. PROCEDURAL BACKGROUND

Tara Vitatoe ("Vitatoe"), the plaintiff in this civil action, lives in Louisiana with Jacobie, her African-American special needs son. On February 12, 2008, she sued the defendants, Mylan Pharmaceuticals, Inc., and Mylan, Inc. ("Mylan"), in the Circuit Court of Monongalia County, West Virginia...

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