Nos. 09-1223, 09-1292.

593 F.3d 280 (2010)

Patty Lee SMITH, on behalf of herself and others similarly situated, Appellant in No. 09-1223 v. JOHNSON AND JOHNSON. Patty Lee Smith, on behalf of herself and others similarly situated v. Johnson and Johnson, Appellant in 09-1292.

United States Court of Appeals, Third Circuit.

Filed: February 2, 2010.

Attorney(s) appearing for the Case

Michael R. DiChiara (argued), Joseph & Herzfeld, New York, NY, for Appellant-Cross-Appellee.

Francis X. Dee (argued), Stephen F. Payerle, McElroy, Deutsch, Mulvaney & Carpenter, Newark, NJ, Rene M. Johnson, Thomas A. Linthorst, Larry L. Turner, Michael J. Ossip, Morgan, Lewis & Bockius, Princeton, NJ, Allyson N. Ho, Morgan, Lewis & Bochius, Houston, TX, for Appellee-Cross-Appellant.

Before SLOVITER, JORDAN and GREENBERG, Circuit Judges.


GREENBERG, Circuit Judge.


This matter comes on before this Court on appeal and cross-appeal from an order of the District Court entered on December 30, 2008, granting summary judgment against plaintiff Patty Lee Smith and in favor of defendant Johnson and Johnson ("J & J"). We will affirm on Smith's appeal but will dismiss J & J's cross-appeal.


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