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FORMAN v. NOVARTIS PHARMACEUTICALS CORP.

No. 09-CV-4678 (ADS)(WDW).

793 F.Supp.2d 598 (2011)

Beth FORMAN, individually and as Executrix of the Estate of John Napolitano, Plaintiff, v. NOVARTIS PHARMACEUTICALS CORPORATION, Defendant.

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

June 27, 2011.

Attorney(s) appearing for the Case

Valad & Vecchione, PLLC, by Bart T. Valad, Esq., John J. Vecchione, Esq., Of Counsel, Fairfax, V.A., Lally & Misir, LLP, by Grant M. Lally, Esq., Of Counsel Mineola, NY, for the Plaintiff.

Hollingsworth LLC, by Joe G. Hollingsworth, Esq., Katharine R. Latimer, Esq., Martin Calhoun, Esq., Robert E. Johnston, Esq., William J. Cople, Esq., Of Counsel, Washington, D.C., Rivkin Radler LLP, by Jesse J. Graham, II, Esq., Of Counsel Uniondale, N.Y., for the Defendant.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

Presently before the Court is a motion by the defendant Novartis Pharmaceuticals Corporation ("NPC") seeking to prevent the plaintiff Beth Forman ("the Plaintiff") from pursuing punitive damages at the trial of the above-captioned case on the grounds that: (1) federal law prohibits the Plaintiff from obtaining punitive damages under the relevant New Jersey statutes; (2) the Plaintiff lacks standing...

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