BATES v. ABBOTT LABORATORIES

1:23-CV-387 (FJS/CFH).

727 F.Supp.3d 194 (2024)

Larissa BATES, on behalf of herself, all others Similarly situated, and the general public, Plaintiff, v. ABBOTT LABORATORIES, Defendant.

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

Signed March 29, 2024.


Attorney(s) appearing for the Case

CAROLINE S. EMHARDT, ESQ., JOHN J. FITZGERALD, IV, ESQ., MALENIE RAE MONROE, ESQ., PAUL K. JOSEPH, ESQ., TREVOR FLYNN, ESQ., FITZGERALD MONROE FLYNN PC, 2341 Jefferson Street, Suite 200, San Diego, California 92110, Attorneys for Plaintiff.

MICHAEL GLICK, ESQ., KIRKLAND & ELLIS LLP, 1301 Pennsylvania Avenue NW, Washington, D.C. 20004, Attorneys for Defendant.


MEMORANDUM-DECISION AND ORDER1

I. INTRODUCTION

In her complaint, Plaintiff alleges claims of misrepresentations and other consumer-related false claims against Defendant Abbott Laboratories, the manufacturer of Ensure-brand nutrition drinks. Plaintiff contends that the...

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