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MERIDIAN MEDICAL SYS. v. EPIX THERAPEUTICS

Docket: BCD-20-164.

250 A.3d 122 (2021)

2021 ME 24

MERIDIAN MEDICAL SYSTEMS, LLC, et al. v. EPIX THERAPEUTICS, INC., et al.

Supreme Judicial Court of Maine.

Decided: April 27, 2021.

Attorney(s) appearing for the Case

Randy J. Creswell, Esq. , CreswellLaw, Portland, and Barry S. Pollack, Esq. (orally), and Ashly Scheufele, Esq. , Pollack Solomon Duffy LLP, Boston, Massachusetts, for appellants Meridian Medical Systems, LLC, and Kenneth L. Carr.

Courtney Worcester, Esq. (orally), and Roger A. Lane, Esq. , Holland & Knight LLP, Boston, Massachusetts, for appellee New Enterprise Associates, Inc.

Clifford H. Ruprecht, Esq. , Roach Ruprecht Sanchez & Bischoff, P.C., Portland, and Joseph T. Dixon, Esq. (orally), and Anupama D. Sreekanth, Esq. , Fredrikson & Byron, P.A., Minneapolis, Minnesota, for appellees Epix Therapeutics, Inc., and Medtronic, Inc.

Panel: MEAD, GORMAN, JABAR, HUMPHREY, and CONNORS, JJ.

[¶1] In this business dispute asserting various tort claims, Kenneth Carr, in his capacity as assignee of claims of Meridian Medical Systems, LLC (MMS), appeals the dismissal for failure to state a claim, see M.R. Civ. P. 12(b)(6), of his first amended complaint (FAC) in the Business and Consumer Docket (Murphy, J.).<...

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