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PERDUE v. WYETH PHARMACEUTICALS, INC.

NO. 4:15-CV-208-FL.

209 F.Supp.3d 847 (2016)

Sara G. PERDUE, as Executor of the Estate of Marjorie S. Newton, Deceased, Plaintiff, v. WYETH PHARMACEUTICALS, INC.; Teva Pharmaceuticals USA, Inc.; Barr Laboratories, Inc.; and Zydus Pharmaceuticals USA, Inc., Defendants.

United States District Court, E.D. North Carolina.

Signed July 20, 2016.

Attorney(s) appearing for the Case

Edward K. Wood, Jr., Wood Law Firm, LLC, Birmingham, AL, Joseph A. Schouten, Ward and Smith, P.A., Raleigh, NC, A. Charles Ellis, Ward & Smith, P.A., Greenville, NC, for Plaintiff.

Dana C. Lumsden, Bradley Arant Boult Cummings LLP, Charlotte, NC, Kimberly B. Martin, Amanda J. Turnage, Bradley Arant Boult Cummings LLP, Huntsville, AL, Kirk G. Warner, Christopher R. Kiger, Smith Anderson Blount Dorsett Mitchell & Jernigan, Leslie C. Packer, Nora F. Sullivan, Ellis & Winters, LLP, Raleigh, NC, Carla R. Karp, Glenn S. Kerner, Nilda M. Isidro, Goodwin Proctor LLP, New York, NY, Beth S. Rose, Vincent R. Lodato, Sills Cummis & Gross P.C., Newark, NJ, for Defendants.

ORDER

This matter comes before the court on defendants' motions to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (DE 23, 34, 41). Plaintiff has responded in opposition, and defendants have replied. In this posture, the issues raised are ripe for ruling. For the following...

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