NEMPHOS v. NESTLE WATERS NORTH AMERICA, INC.

No. 13-2146.

775 F.3d 616 (2015)

Michelle NEMPHOS, as Legal Guardian for C.G.N., a Minor under the age of Eighteen, Plaintiff-Appellant, v. NESTLE WATERS NORTH AMERICA, INC.; Nestle USA, Inc.; The Dannon Company, Inc.; Gerber Products Company, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: January 8, 2015.


Attorney(s) appearing for the Case

ARGUED: Leah Marie Nicholls , Public Justice, P.C., Washington, D.C., for Appellant. Catherine Emily Stetson , Hogan Lovells U.S. LLP, Washington, D.C.; Peter Buscemi , Morgan Lewis & Bockius LLP, Washington, D.C., for Appellees.

ON BRIEF: Leslie A. Brueckner , Public Justice, P.C., Oakland, California; Christopher T. Nidel , Nidel Law, PLLC, Washington, D.C.; Christopher T. Nace , Paulson & Nace, Washington, D.C., for Appellant. Victoria J. Miller , Kristin M. Hadgis , Morgan, Lewis & Bockius LLP, Philadelphia, Pennsylvania, for Appellee The Dannon Company, Inc. Lauren S. Colton, Baltimore, Maryland, Michael L. Kidney, Hogan Lovells U.S. LLP, Washington, D.C., for Appellees Nestle USA, Inc., Nestle Waters North America, Inc., and Gerber Products Company.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge MOTZ and Judge FLOYD joined.


Appellant Michelle Nemphos filed suit against the manufacturers of bottled water, infant formula, and baby food that her minor daughter had consumed before developing a condition known as dental fluorosis. Nemphos brought an array of tort and fraud claims under Maryland law against appellee manufacturers Nestlé Waters...

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