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FULGENZI v. WYETH, INC.

Case No. 5:09CV1767.

686 F.Supp.2d 715 (2010)

Eleanor FULGENZI, Plaintiff, v. WYETH, INC., et al., Defendants.

United States District Court, N.D. Ohio, Eastern Division.

February 19, 2010.

Attorney(s) appearing for the Case

Patrice Fehr Denman, Denman & Lerner, Richard W. Schulte, Behnke, Martin & Schulte, Dayton, OH, for Plaintiff.

Richard A. Dean, Kristen L. Mayer, Tucker Ellis & West, Cleveland, OH, for Defendants.

MEMORANDUM OPINION

SARA LIOI, District Judge.

This matter is before the Court on a motion filed by Defendants Actavis-Elizabeth LLC and Actavis Inc. (Actavis or generic manufacturer). By its motion, Actavis seeks dismissal of all claims against it on the basis of federal preemption. (Doc. No. 13.) The motion is fully briefed. Based upon the parties' submissions, as well as a review of the ever evolving law relating to the manufacture and sale of prescription...

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