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IN RE AVANDIA MARKETING SALES PRACTICES & PRODUCTS LIABILITY LITIGATION

No. 13-4323.

IN RE: AVANDIA MARKETING SALES PRACTICES & PRODUCTS LIABILITY LITIGATION RICHARD V. D'APUZZO, on behalf of himself and all others similarly situated, Appellant.

United States Court of Appeals, Third Circuit.

Filed: October 21, 2014.

Attorney(s) appearing for the Case

Gary M. Meyers, Esq. [ARGUED], 35 West Main Street, Suite 106, Denville, NJ 07834, Counsel for Appellant.

Anthony C. Vale, Esq. , Gabriel J. Vidoni, Esq. [ARGUED], Pepper Hamilton, 18th & Arch Streets, 3000 Two Logan Square, Philadelphia, PA 19103, Counsel for Appellee.

Before: FISHER, SCIRICA, and COWEN, Circuit Judges.

NOT PRECEDENTIAL

OPINION OF THE COURT

SCIRICA, Circuit Judge.

At issue in this diversity action is whether plaintiff has stated a claim under Federal Rule of Civil Procedure 12(b)(6) for breach of express warranty under New Jersey law. The trial court granted defendant's motion to dismiss, and plaintiff appeals.1 We will affirm.2

I.

Richard V. D'Apuzzo, who suffers from...

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