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STETSER v. TAP PHARMACEUTICAL PRODUCTS

No. COA03-180.

591 S.E.2d 572 (2004)

Harry E. STETSER, Dale E. Nelson, and Michael de Montbrun, and on behalf of themselves and all others similarly situated, Plaintiffs, v. TAP PHARMACEUTICAL PRODUCTS INC.; Abbott Laboratories; Takeda Chemical Industries, Ltd.; Johnson & Johnson; Ethicon Endo-Surgery, Inc.; Indigo Laser Corporation; David Jett; Christopher Coleman; Scott Hidalgo; And Eddy James Hack, Defendants.

Court of Appeals of North Carolina.

February 3, 2004.

Attorney(s) appearing for the Case

Marvin K. Blount, Jr., and Marvin K. Blount, III, Greenville; and Kline & Specter, P.C., by Donald E. Haviland, Jr., Philadelphia, PA, Terri Anne Benedetto, and Louis C. Ricciardi for plaintiff appellees.

Ellis & Winters LLP, by Richard E. Ellis and Matthew W. Sawchak, Raleigh, for Takeda Chemical Industries, Ltd., defendant appellant.

McCULLOUGH, Judge.

This case arises out of an order denying defendant Takeda's motion to dismiss for lack of personal jurisdiction entered 17 October 2002. The pertinent facts are as follows: Plaintiffs are three North Carolina residents who purchased Lupron as part of their treatment for prostate cancer. Defendant Takeda Chemical Industries, Inc. (Takeda) is a Japanese corporation headquartered in Osaka, Japan. Plaintiffs allege that Takeda, TAP Pharmaceutical Products...

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