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WOODCOCK v. MYLAN, INC.

Civil Action No. 2:09-cv-00507.

661 F.Supp.2d 602 (2009)

Lynn WOODCOCK, et al., Plaintiffs, v. MYLAN, INC., et al., Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

October 14, 2009.

Attorney(s) appearing for the Case

Charles W. Miller, Eric D. Pearson, James Craig Orr, Jr., Michael Heygood, Heygood Orr & Pearson, Dallas, TX, Kathryn Reed Bayless, Bayless Law Firm, Princeton, WV, for Plaintiffs.

Clem C. Trischler, Pillsbury Winthrop, Pittsburgh, PA, for Defendants.

MEMORANDUM OPINION AND ORDER

JOSEPH R. GOODWIN, Chief Judge.

Pending before the court is the defendants' Motion to Dismiss [Docket 15]. The Motion presents two sets of issues. First, the Motion raises a choice-of-law issue. The defendants contend that Alabama law governs all of the plaintiff's claims. The plaintiff disagrees and argues that West Virginia law applies to her marketing defect claim. Second, regardless of which state's substantive law applies...

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