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MCDOWELL v. ELI LILLY AND CO.

No. 13 Civ. 3786.

58 F.Supp.3d 391 (2014)

Jesse McDOWELL, Plaintiff, v. ELI LILLY AND COMPANY, Defendant.

United States District Court, S.D. New York.

Filed November 7, 2014.

Attorney(s) appearing for the Case

Pogust & Braslow, LLC, by: Harris L. Pogust Esq. , Conshohocken, PA, for Plaintiff.

Covington & Burling, by: Phyllis A. Jones, Esq. , Michael X. Imbroscio, Esq. , Brett C. Reynolds, Esq. , Washington, DC, Covington & Burling, by: Laura M. Flahive Wu, Esq. , New York, NY, for Defendant.

OPINION

Defendant Eli Lilly and Company ("Eli Lilly" or the "Defendant") has moved pursuant to Federal Rule of Civil Procedure 56 for summary judgment dismissing the failure-to-warn diversity action brought by the plaintiff Jesse McDowell ("McDowell" or the "Plaintiff"). Based upon the facts and conclusions...

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