Dolin v. Smithkline Beecham Corporation, et al

Filing 560

MOTION by Defendant GlaxoSmithKline, LLC for judgment as a matter of law - Renewed (Bayman, Andrew)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
WENDY B. DOLIN, Individually and as
Independent Executor of the ESTATE OF
STEWART DOLIN, Deceased,
Plaintiff,
v.
SMITHKLINE BEECHAM CORPORATION
D/B/A GLAXOSMITHKLINE, a Pennsylvania
Corporation,

Defendant.

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Case No. 1:12-cv-06403

Judge William T. Hart

DEFENDANT GLAXOSMITHKLINE LLC’S
RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW
Pursuant to Federal Rule of Civil Procedure 50(a), Defendant GlaxoSmithKline LLC
(“GSK”) submits this Renewed Motion for Judgment as a Matter of Law. 1 For the reasons
outlined in the accompanying memorandum of law, there is no legally sufficient evidentiary
basis for a reasonable jury to find in favor of Plaintiff Wendy Dolin. FED. R. CIV. P. 50(a)(1).
Accordingly, GSK respectfully requests that this Court g grant GSK’s Renewed Motion
for Judgment as a Matter of Law. Plaintiff’s claim against GSK should be dismissed with
prejudice, and the Court should grant GSK such other and further relief as it deems just and
proper.

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At the close of Plaintiff’s case-in-chief on April 4, 2017, GSK filed, and the Court denied, its Motion for Judgment
as a Matter of Law and Memorandum of Law in Support. (Dkt. Nos. 539, 540.) Since Plaintiff presented nothing
on rebuttal to address the evidence lacking in her case-in-chief, and there is still no legally sufficient evidentiary
basis for a reasonable jury to find for Plaintiff, GSK hereby renews and incorporates by reference as if fully set forth
herein, its originally-filed Motion and Memorandum. (Dkt. Nos. 539, 540.)

Dated: April 16, 2017

Respectfully submitted,
By: /s/ Alan S. Gilbert
Alan S. Gilbert (No. 953210)
Anders C. Wick (No. 6274319)
DENTONS US LLP
233 S. Wacker Drive, Suite 5900
Chicago, Illinois 60606-6404
Telephone: [phone]
Facsimile: [phone]
Andrew T. Bayman (pro hac vice)
Todd P. Davis (pro hac vice)
Ursula M. Henninger (pro hac vice)
Heather M. Howard (pro hac vice)
KING & SPALDING LLP
1180 Peachtree Street, N.E.
Atlanta, GA 30309-3521
Telephone: [phone]
Facsimile: [phone]
Attorneys for GlaxoSmithKline LLC

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CERTIFICATE OF SERVICE
It is hereby certified that on April 16, 2017, I have served a copy of the foregoing
DEFENDANT GLAXOSMITHKLINE LLC’S RENEWED MOTION FOR JUDGMENT
AS A MATTER OF LAW on all counsel of record via this Court’s ECF System.

By: /s/ Alan S. Gilbert
Alan S. Gilbert
DENTONS US LLP
Attorney for GlaxoSmithKline LLC

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